Mont. Code Ann. § 39-71-605, which permits workers’ compensation insurers to obtain multiple medical examinations of a claimant, does not permit the State Fund (which had insured the risk and was administering the claim in the instant case... Read More
The exclusive remedy provisions contained in Cal. Labor Code § 3602 extend their shield against tort liability to utilization reviewers performing their services under the state’s workers’ compensation utilization review process. Accordingly... Read More
A Pennsylvania appellate court held that a compromise and release (C&R) agreement may not be employed to avoid the procedures in the state’s Workers’ Compensation Act for challenging a provider's invoice or a fee review determination... Read More
The Missouri court of appeals affirmed a decision to dilute a drug cocktail, but the decision came with a twist with a warning about attorney’s fees. In Noel v ABB Combustion Engineering , ED 98446 (Mo. App. 11-13-2012) the injured worker obtained... Read More
Let's face it-Mike Freebery in his cashmere robe is a tough act to follow. So is Wil Davis basking in the glow of his successful defense of a heart attack case (not quite sure what he wears to bed). But along comes James Donovan with a little update... Read More
Medical Treatment Changes Some of the most extensive changes to the Labor Code in SB 863 are intended to tighten up medical control in both Labor Code § 4600 as well as in the Medical Provider Networks. One of the principle methodologies for controlling... Read More
By Robert G. Rassp, Esq. So, 2013 is just around the corner and we are gearing up to learn the new law and regulations so that we can apply them in our cases. We have an interim period between now and July 1, 2013 when disputes over medical necessity... Read More
SB 863 CHECKLIST & REFERENCE GUIDE By Robert G. Rassp, Esq. © Copyright 2012 LexisNexis. All rights reserved. This SB 863 Checklist & Reference Guide is excerpted from The Lawyer’s Guide to the AMA Guides and California Workers’... Read More
In this Emerging Issues Analysis article now available on the LexisNexis Bookstore for purchase, Karen C. Yotis, Esq. examines the 2011 legislative reforms to Illinois workers’ compensation from a claims-handling perspective, as explained to her... Read More
In Rodriguez v. Air Eagle, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB has provided guidance on the expedited review of a request for authorization and on the burden of proof of a prescription for home health care services. UR Denial Timeline... Read More
Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance . On September 30, 2013, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) denied a request to reconsider... Read More
Lexis.com subscribers can link to the cites below. The recent panel decision of Castrillo v. Catholic Health Care West, 2012 Cal. Wrk. Comp. P.D. LEXIS 454 , presents an interesting slant on a judge’s denial of the applicant’s request for... Read More
NCCI Symposium Reports First Responder Bills Top List of 2015 Legislation . NCCI Symposium: Dr. Victor Shares Insights on Physician Dispensing . NCCI Symposium: CWCI Shares Insights on Calif. Medical Dispute Resolution . NCCI Symposium: Moody’s... Read More
By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com Louisiana Workers’ Compensation , Second Edition (LexisNexis), 2011 updates have shipped to customers. While there were no major legislative... Read More
In Murphy v. Petsmart, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB rescinded the WCJ’s order awarding a maximum 25 percent penalty under Labor Code § 5814 for the defendant’s delay in providing dental treatment to an... Read More