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

Here’s the third batch of advanced postings for December 2014 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries.

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

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