Use this button to switch between dark and light mode.

Physician Self-Referral Statute Doesn’t Apply to Inpatient Surgical Procedures (12/12/2014)

December 12, 2014 (3 min read)

Here’s the third batch of advanced postings for December 2014 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries.

© Copyright 2014 LexisNexis. All rights reserved.

Warner Bros. Studio Facilities, Inc., PSI, administered by Warner Bros. Workers' Compensation, Petitioner v. Workers' Compensation Appeals Board, James White, Respondents, ( (Lexis Advance)

Medical Treatment—Improper Physician Referrals—WCAB affirmed WCJ’s finding that lien claimant Miracle Mile Medical Center, owned by applicant’s primary treating physician, Gil Tepper, M.D., was not barred from reimbursement of its lien for costs relating to applicant’s inpatient back surgery performed at Miracle Mile by Dr. Tepper, who billed for his services under his medical corporation The Spine Institute, when defendant alleged that recovery of lien should have been barred because Dr. Tepper violated prohibition against self-referral contained in Labor Code § 139.3 by referring applicant for surgery to Miracle Mile, but WCAB found that...

Swift Transportation, Gallagher Bassett Services, Inc., Petitioners v. Workers' Compensation Appeals Board, Robert Coon, Respondents, ( (Lexis Advance)

Injury AOE/COE—Assaults by Unknown Assailants—Personal Comfort Doctrine—Commercial Traveler—WCAB affirmed WCJ’s finding that applicant/student long-haul truck driver suffered compensable industrial injury, resulting in partial quadriplegia, when he was assaulted by unknown assailant while away from truck on dinner break, when WCAB held that…

Glendale Adventist Medical Center, Petitioner v. Workers' Compensation Appeals Board, Trena Gibney, Respondents, ( (Lexis Advance)

Medical Treatment—Disputed Body Parts—Non-Final Orders—Court of Appeal dismissed defendant’s petition for writ of review pursuant to Labor Code §§ 5900 and 5901, as there was no final WCAB order, and awarded attorney’s fees under Labor Code § 5801, when defendant challenged WCAB’s finding that applicant registered nurse who suffered industrial injury to her neck, back, left shoulder, left hip, psyche, and lower extremities was entitled to medical treatment, including consultations with hematologist, pulmonary specialist, and nephrologist, in addition to AFO brace for her left foot, and, relying on decision in Dubon…

Ranesh Babbar, Petitioner v. Workers' Compensation Appeals Board, Diesel USA, Inc., Pacific Indemnity Company, administered by Chubb Group, Respondents, ( (Lexis Advance)

Discovery—Close of Discovery—Non-Final Orders—Court of Appeal denied applicant’s petition for writ of review “for lack of jurisdiction,” when applicant sought review of WCAB’s non-final order denying removal, in which WCAB affirmed WCJ’s order taking case off calendar to allow defendant to procure supplemental reports from agreed medical evaluators addressing sub rosa video obtained by defendant…


Get the edge on recent case law developments

Designed especially for and Lexis Advance subscribers, this monthly reporter saves you research time so that you can quickly find recent panel decisions on key topics.

Purchase here (Format: PDF)






“The Workers’ Compensation Emerging Issues Analysis is one of the most comprehensive collections of articles impacting the industry that I have read. These articles, coupled with the state-by-state legislative analysis and case review, make this book a must read for anyone seeking to gain a deep understanding of the issues impacting the workers’ compensation industry.”
-Mark Walls, Vice President Communications & Strategic Analysis, Safety National


Special Discount Rate of $79.50 + tax & shipping for a limited time only

New! Workers' Compensation Emerging Issues Analysis, 2014 Edition (400 pp). Read flyer & Order today. Books shipping now.

State by State Workers' Comp Legislation for 2014. Expert analysis and commentary. Larson Spotlight on Interesting Cases.

This year's top issue: The Temporary Workforce and Impact on Workers' Compensation