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...
Oakland, CA – Part II of a California Workers’ Compensation Institute (CWCI) research series on low- volume/high-cost drugs used to treat California injured workers identifies three Dermatological drugs...
Today's post comes to us from Walt Schmittinger, offering up the outcome of a UR appeals case tried to the Board in Milford two weeks ago. The appeal was from a UR non-cert of chiropractic care with Dr. Michael Gandolfo. Here is what Walt had to say:
"Actually I found it noteworthy as a general matter only because the Board explicitly recognized the inadequacy of Dr. Kalamchi's credentials and professional experience when brought to bear as a DME doc on a chronic pain management, and particularly chiropractic pain management, issue..........Other than that, it's an extensive/multiple body part injury case that warranted substantially more than the 26 visit limit on chiro care under the Practice Guidelines for chronic pain, so we got what we were after in a reversal of the UR determination. "
So, the claimant prevailed and in the battle of the medical experts, spine surgeon Dr. Ali Kalamchi fell on his own sword.....or shall I say scalpel? This post is my Christmas gift to all the chiropractors out there. Carolyn Cohee v. State of Delaware, IAB# 1337745 (12/7/11), drafted by none other than [Hearing Officer] Angela "Quick Fire" Fowler for Board Members Barber and Dantzler.
So in reply to the riddle "When is a chiropractor superior to a surgeon?", read the attached and find out. And remember-it's all about the pain. As Aristotle said: "The aim of the wise is not to secure pleasure, but to avoid pain." Looks like this Board panel and Dr. Gandolfo agree.
Irreverently yours,Cassandra Roberts
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