Workers' Compensation

Recent Posts

Medications We Frequently See in Workers’ Comp Physician Reports
Posted on 23 Nov 2011 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. The following chart lists the brand or common and chemical names of drugs we regularly see in our cases embedded in medical-legal reports, treating physician reports and subpoenaed medical records. Some physicians randomly use... Read More

New CWCI Study Produces Benchmark Data on Physician Reporting in California Workers’ Comp
Posted on 29 Aug 2014 by California Workers' Compensation Institute

A new CWCI study finds that the average number of first-year medical reports per claim provided by California workers’ comp treating physicians to claims administrators rose by 123% in the 12 years leading up to the adoption of the new physician... Read More

California Workers’ Comp Case Roundup (4/29/2016)
Posted on 29 Apr 2016 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 81 No. 4 April 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

Lien Claimant’s PQME Reports Admitted Into Evidence: Cal. Comp. Cases February Advanced Postings (2/10/2012)
Posted on 10 Feb 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summaries. County of Mendocino, PSI, Petitioner v. Workers' Compensation... Read More

California Workers’ Comp Case Roundup (9/2/2015)
Posted on 2 Sep 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 8 August 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

California EAMS: Medical Reports as Evidence
Posted on 22 Sep 2011 by Colleen Casey

Last fall, we issued a blog discussing Rule 8 CCR §10629 which sets forth the perimeters for filing exhibits in EAMS for trial. The rule requires that all parties create and serve a list of the exhibits they plan to offer as evidence at trial, preferably... Read More

California W.C.A.B. Affirms Prior Valdez Decision
Posted on 29 Sep 2011 by Richard M. Jacobsmeyer

When it rains it pours... Having just issued an en banc decision yesterday on QME panel issues, the W.C.A.B. has just issued its 3rd Reconsideration decision in Valdez v Warehouse Demo Services . The original decision issued in April 2011 holding... Read More

California: Another Nuance to Treatment Outside of the Medical Provider Network
Posted on 28 Jan 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

There have been many cases as of late dealing with Medical Provider Network (MPN) issues. Valdez v. Warehouse Demo Services (2011) 76 Cal. Comp. Cases 970 held that treatment reports obtained by physicians outside of the defendant’s MPN were not... Read More

California Workers' Comp Case Roundup (12/1/2013)
Posted on 1 Dec 2013 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 78 No. 11 November 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More

California: What Constitutes an Ex-Parte Communication Post-Alvarez?
Posted on 11 Nov 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

There have been a number of cases decided by the Workers’ Compensation Appeals Board (WCAB) dealing with Labor Code Section 4062.3 and what constitutes a prohibited ex parte communication with a Panel Qualified Medical Evaluator (PQME). Though many... Read More

California: The Range of Evidence Is Alive and Well
Posted on 16 Jun 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

One of the most challenging issues for a Workers’ Compensation Judge (WCJ) is to decide how to weigh medical evidence for the most accurate determination. Which physician’s report is the more credible? Which diagnostic tool is the more accurate... Read More

Valdez: Have Opinion Need Case
Posted on 3 Dec 2013 by Charles Clark

Overlooked in the aftermath of the Supreme Court decision in Valdez v WCAB 2013 Cal. LEXIS 8902 (Cal.) issued on November 14, 2013, in which the Supreme Court and before that, the Court of Appeals , rejected the WCAB’s attempt to impose an exclusionary... Read More

California: WCAB Panel Allows Report of Non-Examining Panel QME in Contribution Proceeding
Posted on 20 Nov 2011 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Chirinos v. Heartwood Cabinet , No. ADJ2087163, the WCAB panel found that the applicant’s failure to submit to a physical examination by the panel QME did not render the panel QME’s reports inadmissible for purposes of this contribution... Read More

Cal. Comp. Cases October Advanced Postings (9/29/2011)
Posted on 30 Sep 2011 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the October 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries. © Copyright 2011 LexisNexis. All rights reserved. Charter Oak Unified School... Read More

California: The MTUS and Treating Physician Reports
Posted on 25 Feb 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

Does Labor Code § 4604.5(a) specifically require the treating physician’s report to cite the applicable Medical Treatment Utilization Schedule provisions? In Sandoval v. San Diego Unified School District , 2016 Cal. Wrk. Comp. P.D. LEXIS... Read More