Workers' Compensation

Recent Posts

California: Timely Utilization Review: WCAB Strictly Applies Bodam Rule
Posted on 29 Jul 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Gutierrez v. Bigge Crane & Rigging Company , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s finding that the defendant’s utilization review of a request for authorization submitted by the applicant’s treating... Read More

Crocodile Wrestling
Posted on 10 Oct 2014 by Julius Young

At a recent workers’ comp conference in Southern California, WCAB Commissioner Kathy Zalewski noted that the WCAB commissioners had been doing a bit of “crocodile wrestling” over Dubon . I’ve seen crocodile wrestling in Thailand... Read More

Mississippi: Employer and Carrier Estopped From Utilizing Statute of Limitations Defense
Posted on 14 Apr 2017 by Thomas A. Robinson

In a divided decision, the Court of Appeals of Mississippi reversed a decision of the state’s Workers’ Compensation Commission and found that the employer and its carrier were estopped from arguing the statute of limitations as an affirmative... Read More

California: W.C.A.B. Publishes New UR Timeliness Decision
Posted on 21 Nov 2014 by Richard M. Jacobsmeyer

The W.C.A.B. has issued a Significant Panel Decision* reaffirming its language in Dubon v. World Restoration (Dubon II) regarding the W.C.A.B.’s ability to determine medical issues where UR is not completed in a timely fashion and also provided... Read More

WCAB Panel Finds UR IMR Physician Need Not Be Licensed in California
Posted on 23 Jun 2016 by Brad Wixen

The recent noteworthy panel decision of Navroth v. Mervyn’s Stores , 2016 Cal. Wrk. Comp. P.D. LEXIS --, is just fascinating for so many reasons beyond the content of the finding itself. How often does a pro per applicant make important case law... Read More

California: Invalid Utilization Review Determinations in a Post-Dubon II World
Posted on 29 Jan 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

When UR decision did not address issue raised by treating physician’s request for authorization, there was no timely UR In Arroyo v. Inland Concrete Enterprises, Inc. , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB granted removal and rescinded... Read More

California: W.C.A.B. Provides Guidance on AME/QME Request Process Timing Issues
Posted on 27 Sep 2011 by Richard M. Jacobsmeyer

If there was ever a question the medical legal process in workers’ compensation has become concerned with tactical minutia rather than dealing with substantive issues in the day to day comp practice, the W.C.A.B.’s en banc opinion in Tsegay... Read More

California: W.C.A.B. Issues New, Modified Decision in Dubon
Posted on 7 Oct 2014 by Richard M. Jacobsmeyer

The divided W.C.A.B. has issued its long awaited en banc decision to the defendant’s appeal in Dubon v World Restoration and substantially modified its prior en banc holding to limit the ability of the W.C.A.B. to decide medical issues only in cases... Read More

California: W.C.A.B. Limits Application of Messele Decision
Posted on 23 Nov 2011 by Richard M. Jacobsmeyer

After seeking input on its Notice of Intent to limit application of the Messele decision prospectively, and getting none, the W.C.A.B. has confirmed its decision to limit the application of its holding. The W.C.A.B. has, in a decision which issued yesterday... Read More

California Workers' Comp Case Roundup (1/8/2015)
Posted on 8 Jan 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 12 December 2014 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: W.C.A.B. Limits Application of Messele Decision
Posted on 23 Nov 2011 by Richard M. Jacobsmeyer

After seeking input on its Notice of Intent to limit application of the Messele decision prospectively, and getting none, the W.C.A.B. has confirmed its decision to limit the application of its holding. The W.C.A.B. has, in a decision which issued yesterday... Read More

California: W.C.A.B. Provides Guidance on AME/QME Request Process Timing Issues
Posted on 27 Sep 2011 by Richard M. Jacobsmeyer

If there was ever a question the medical legal process in workers’ compensation has become concerned with tactical minutia rather than dealing with substantive issues in the day to day comp practice, the W.C.A.B.’s en banc opinion in Tsegay... Read More