In an apparent case of first impression, a Board panel granted an applicant’s petition to modify the terms in a previously approved Compromise and Release (C&R), to allow a change in the administration...
CALIFORNIA COMPENSATION CASES
Vol. 88, No. 5 May 2023
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...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board
In 2022 there were 7,490 wildfires in California. They burned 362,455 acres...
By Christopher Mahon
Should temporary workers be treated separately under workers’ compensation law due to additional employment and income risks they may incur after workplace injuries? A new study...
Here's a noteworthy panel decision where a family member conveyed essential information to the AME on behalf of the injured employee. The Lexis headnote is below.
CA - NOTEWORTHY PANEL DECISIONS...
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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 claimant take nothing by way of its lien for medical treatment self-procured by applicant outside defendant’s MPN, when WCAB found that letter sent by defendant notifying applicant that medical treatment would be provided through defendant’s MPN and advising applicant regarding how to access MPN provider, was prima facie evidence of delivery of required notice to applicant of his rights under MPN and prima facie evidence that defendant’s MPN was available to applicant for reasonable medical treatment of his industrial injury, and lien claimant failed to rebut defendant’s evidence that applicant was not entitled to self-procure medical treatment outside of its MPN. See Zuniga panel decision.
Reminder: Be sure to check the subsequent history of a case before citing to it.
© Copyright 2012 LexisNexis. All rights reserved. This case summary will appear in a forthcoming issue of the California WCAB Noteworthy Panel Decisions Reporter (LexisNexis).
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