Workers' Compensation

Recent Posts

California: Not Necessarily “Curtins” for “Outside” Medical Reports
Posted on 3 May 2018 by LexisNexis Workers' Comp Law Newsroom Staff

I. Stepping off the Usual Path for MT and Medical-Legal Reports The current workers’ compensation system in California is designed to provide two separate and structured medical evaluation paths. One path is for resolving medical treatment disputes... Read More

California Medical Provider Networks: Another Aspect of SB 863 Needing Judicial Oversight
Posted on 4 Apr 2014 by Dr. Richard Dorsey, MD

Another aspect of SB863 needing judicial oversight is the failure of the MPNs to assist patients in obtaining appointments with in-network treating psychiatrists, while denying payment to non-network psychiatrists as "self-procured". Instead... Read More

California: Liability for Self-Procured Treatment Outside the Medical Provider Network
Posted on 28 May 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

A California WCAB panel recently held that while liens may be disallowed for medical treatment procured outside the defendant's Medical Provider Network, the applicant himself is not personally liable to the lien claimants pursuant to Labor Code §... Read More

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: Self-Procured Medical Marijuana
Posted on 3 Apr 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Are applicants entitled to reimbursement for self-procured medical marijuana both pre- and post-SB 863? In Cockrell v. Farmers Insurance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel has once again rescinded the WCJ’s finding that the applicant... Read More

California Workers' Comp Case Roundup (12/2/2012)
Posted on 2 Dec 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 11 Nov. 2012 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: Retroactive Approval of Denied Treatment Causing Increased Temporary Disability and Permanent Disability
Posted on 29 Sep 2017 by LexisNexis Workers' Comp Law Newsroom Staff

Go v. Sutter Solano Medical Center is one of series of panel cases addressing the question of whether an employee can obtain TD and PD benefits based on medical treatment that was denied through UR and IMR. As the panel in Go points out, in the context... Read More

Navigating Medical Provider Network Issues in California
Posted on 25 Jan 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

How does a defendant prove that it sent the proper notices in compliance with Knight, and when exactly will it be liable for treatment procured outside of the MPN? There have been several cases as of late addressing MPN issues. Specifically, there has... Read More

California: Appellate Court Rejects Argument for Admissibility of “Privately Retained Medical Expert” Report
Posted on 29 Oct 2015 by Richard M. Jacobsmeyer

The 2nd District Court of Appeal has issued an opinion in Batten v W.C.A.B ., wherein the applicant had challenged the W.C.A.B.’s interpretation of recent statutory changes and in particular Labor Code § 4605 concerning self procured medical... Read More

California: Lien Claim Fails When Applicant Not Entitled to Self-Procure Outside Medical Provider Network
Posted on 2 Aug 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

FREE ENEWSLETTER; SIGN UP TODAY HERE Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Medical Provider Networks; Treatment Outside MPN. WCAB, reversing WCJ, ordered that lien... Read More

California Workers' Comp Case Roundup (12/2/2012)
Posted on 2 Dec 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 11 Nov. 2012 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 Self-Procured Medical Treatment on Denied Injury: Valdez
Posted on 27 Apr 2010 by Reid L. Steinfeld

Prior to 2004, it was not difficult for a medical provider who took a denied case to be paid its usual and customary fees when the claim was later admitted as industrially related. However, over time, and as illustrated in recent case law, getting paid... Read More

Navigating Medical Provider Network Issues in California
Posted on 25 Jan 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

How does a defendant prove that it sent the proper notices in compliance with Knight, and when exactly will it be liable for treatment procured outside of the MPN? There have been several cases as of late addressing MPN issues. Specifically, there... Read More

California: Lien Claim Fails When Applicant Not Entitled to Self-Procure Outside Medical Provider Network
Posted on 2 Aug 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

FREE ENEWSLETTER; SIGN UP TODAY HERE Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Medical Provider Networks; Treatment Outside MPN. WCAB, reversing WCJ, ordered that... Read More