Workers' Compensation

Recent Posts

California: WCAB Affirms Medical Treatment in the Form of Sleep Number i8 Bed
Posted on 14 Mar 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Carnes v. Auto Zone, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB affirmed the WCJ’s order that the defendant authorize medical treatment in the form of a Sleep Number i8 bed based on the reporting of the applicant’s treating... Read More

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

California: IMR Reviewer’s Conclusion Contradicted by IMR Reviewer’s Own Summary of Case
Posted on 22 Apr 2016 by Robert G. Rassp, Esq.

Beware of UR and IMR physicians who use MTUS, ACOEM, and ODG guidelines to deny treatment when, in fact, other MTUS, ACOEM, or ODG guidelines do support an RFA from a treating physician In Gonzalez-Ornelas v. County of Riverside , 2016 Cal. Wrk. Comp... Read More

Connecticut: Employer Need Not Pay for Palliative Medical Care
Posted on 13 Mar 2015 by Larson's Spotlight

A Connecticut court affirmed the finding of the commissioner that various medications prescribed by the plaintiff’s treating physician for a head injury that occurred some 18 years earlier were palliative rather than curative, and thus were not... Read More

District of Columbia: Employer Not Entitled to Change in Employee’s Treating Physician
Posted on 28 Aug 2015 by Larson's Spotlight

An employer has no right to request a change of an injured employee’s attending physician under the District of Columbia’s Workers’ Compensation Act, held a D.C. appellate court. The Office of Workers’ Compensation initially granted... Read More

Georgia: MD’s Derogatory Comment in Report That Claimant Was Threat Found Privileged, Not Libelous
Posted on 29 Jan 2016 by Larson's Spotlight

A dictated statement by a treating physician that became part of the injured worker’s claim file that said the worker had communicated threats to the physician, through an interpreter, and that the physician considered the worker to be a threat... Read More

California: Independent Medical Review – Which One Applies To What?
Posted on 26 Jul 2013 by Robert G. Rassp, Esq.

There is much confusion over the two Independent Medical Reviews in the California workers’ compensation system: MPN-IMR and UR-IMR. Attorneys should beware of mixing apples and oranges when it comes to these two separate and distinct processes... Read More

California: WCAB Says MPN Treatment Requests Are Subject to UR/IMR
Posted on 19 Sep 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

Legislature did not demonstrate an intent to preclude employers from seeking UR of MPN physicians’ requests for authorization of medical treatment In Stock v. Camarillo State Hospital , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel held that... Read More

California: WCAB Provides Guidance on Addressing Insufficient Utilization Review Documentation
Posted on 23 Aug 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

The UR process requires a good faith effort by both the treating physician and the UR physician to assure that the necessary and appropriate information is available In Smith v. Plant Construction , 2014 Cal. Wrk. Comp. P.D. LEXIS –, the WCAB... Read More

Five Medical Reports Found Insufficient to Trigger Use of 1997 Rating Schedule: Cal. Comp. Cases July Advanced Postings (7/3/2013)
Posted on 5 Jul 2013 by California Compensation Cases Staff

Here are the first and second batches of advanced postings for the July 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis.... Read More

SB 863: Changes Impacting the Use of Treating Physicians, Agreed Medical Examiners and Qualified Medical Examiners in California
Posted on 21 Sep 2012 by David Bryan Leonard

By David Bryan Leonard, Esq., Special to the LexisNexis Workers’ Compensation Law Community Day two of the 2012 California Workers’ Compensation and Risk Conference included a panel by James Fisher, Esq., counsel for the Department of Industrial... Read More

California: When to Object to a Treating Physician’s Permanent Disability Determination
Posted on 28 Jun 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases and statutes cited below. California Labor Code Section 4062 provides that if either party objects to a “medical determination” made by the treating physician concerning any medical issues not... Read More

SB 863: Changes Impacting the Use of Treating Physicians, Agreed Medical Examiners and Qualified Medical Examiners in California
Posted on 21 Sep 2012 by David Bryan Leonard

By David Bryan Leonard, Esq., Special to the LexisNexis Workers’ Compensation Law Community Day two of the 2012 California Workers’ Compensation and Risk Conference included a panel by James Fisher, Esq., counsel for the Department of Industrial... Read More

California: W.C.A.B. Rules Non MPN Physician Reports Not Admissible
Posted on 24 Apr 2011 by Richard M. Jacobsmeyer

In a split vote en banc decision, the W.C.A.B. has issued a comprehensive decision addressing one of the issues that have been floating around since the implementation of Medical Provider Networks in 2004. In Valdez v Demo Warehouse the W.C.A.B. held... Read More

California: When to Object to a Treating Physician’s Permanent Disability Determination
Posted on 28 Jun 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases and statutes cited below. California Labor Code Section 4062 provides that if either party objects to a “medical determination” made by the treating physician concerning any medical issues not... Read More