Workers' Compensation

Recent Posts

California: Judges and Jurisdiction - Where to Draw the Line
Posted on 25 Apr 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

The primary purpose of the newly created Independent Medical Review (IMR) process is to review medical treatment (MT) disputes and issue determinations. SB863 added LC §4610.6 (i) to the Labor Code, which states in pertinent part, “In no event... Read More

California: The PQME Process Runs Amok - A Tragic-Comedy
Posted on 21 Oct 2011 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. This story is true. The names were changed to protect the guilty. This story is a great example of what is wrong with the panel QME process under Labor Code sections 4062.1 and 4062.2. There are many cases where claims administrators... Read More

CWCI Measures California Workers’ Comp Physician Reporting Changes Under the RBRVS Schedule
Posted on 28 Jan 2015 by California Workers' Compensation Institute

The average amount paid to California workers’ compensation treating physicians for medical reports fell more than 30 percent in the first quarter of 2014 as the state began to transition to a Resource-Based Relative Value Scale (RBRVS) fee schedule... Read More

Tennessee: Employer Must Exhaust Administrative Remedies Before Contesting Department’s Authority to Order Second Panel of Physicians
Posted on 28 May 2015 by Larson's Spotlight

A Tennessee court reversed a trial court and denied an employer’s petition for writ of certiorari within which the employer had asserted that the state’s Department of Labor and Workforce Development had exceeded its authority by ordering... Read More

Obamacare Architect Estimates Three-Year Delay in Accurately Understanding Affordable Care Act Impact on Workers’ Compensation
Posted on 20 Mar 2014 by John Stahl

The statement of economist Jonathan Gruber, Ph.D. , of the Massachusetts Institute of Technology in Cambridge, Massachusetts that a three-year news blackout regarding the Affordable Care Act (ACA) would have had merit was arguably the most memorable moment... Read More

Federal: U.S. Supreme Court Denies Certiorari in Sixth Circuit’s RICO Decision
Posted on 16 May 2014 by Larson's Spotlight

The United States Supreme Court has denied review of the Sixth Circuit’s en banc decision in Jackson v. Sedwick Claims Mngmt. Servs . [731 F.3d 556 (6 th Cir. 2013)]. Readers will recall that the Jackson case, which questions whether an injured... Read More

California: RFA (Request for Authorization) Within 1 Year of Prior UR Denial
Posted on 27 Jun 2013 by Bruce P White

By Bruce P. White, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. SB 863 tried to address one of the problem areas in utilization reviews and that is how long does a UR decision remain... Read More

FREE DOWNLOAD: Employer's Improper Communication With Physician (Calif. WCAB panel)
Posted on 27 Mar 2010 by LexisNexis Workers' Comp Law Newsroom Staff

Sergio Oseguera v. Links Communications Medical-Legal Procedure—Independent Medical Examiners—Communications—WCAB held that reporting of "regular physician" appointed by WCJ pursuant to Labor Code § 5701 to examine applicant... Read More

California EAMS: Compliance With QME Regulations
Posted on 7 Jul 2011 by Colleen Casey

New Qualified Medical Examiner (QME) regulations were issued on Feb. 17, 2009. These regulations provide helpful guidance for both attorneys and doctors on how to obtain the highest quality evaluations for injured workers. Compliance with these regulations... Read More

California: The PQME Process Runs Amok - A Tragic-Comedy
Posted on 21 Oct 2011 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. This story is true. The names were changed to protect the guilty. This story is a great example of what is wrong with the panel QME process under Labor Code sections 4062.1 and 4062.2. There are many cases where claims administrators... Read More

FREE DOWNLOAD: Employer's Improper Communication With Physician (Calif. WCAB panel)
Posted on 27 Mar 2010 by LexisNexis Workers' Comp Law Newsroom Staff

Sergio Oseguera v. Links Communications Medical-Legal Procedure—Independent Medical Examiners—Communications—WCAB held that reporting of "regular physician" appointed by WCJ pursuant to Labor Code § 5701 to examine... Read More