LexisNexis® Legal Newsroom
California: Notes From CHSWC

The California Commission of Health, Safety and Workers' Compensation held its first 2013 meeting this past Thursday. Here's a thumbnail sketch of some of the more interesting tidbits discussed: Christine Baker, Director of the California Department of Industrial Relations, stated that the...

California: What to Consider Before Filing a Request for a Panel QME

By David Bryan Leonard, Esq. Speaking at the California Workers’ Compensation Defense Attorneys’ Association 2013 Winter Conference, counsel for the Division of Workers’ Compensation James A. Fisher and defense attorney Yvonne E. Lang detailed the process for obtaining a panel QME...

CWCI Schedules Seminars on New Workers’ Comp Regulations

The California Workers’ Compensation Institute has scheduled a one-day seminar in March in San Francisco and Long Beach to introduce industry professionals to new regulations that implement key provisions of SB 863, the 2012 workers’ compensation reform bill. The program, designed to help...

California: W.C.A.B. Affirms Prior En Banc Decision Re: ADR 35.5(e) as Invalid

The W.C.A.B. has issued its follow-up decision in the previously issued en banc decision in Navarro v. City of Montebello . In its original decision the W.C.A.B. had issued a notice of intent to rule that Administrative Directive Rule 35.5(e) is an invalid interpretation of the provisions of Labor Code...

No Entitlement to Replacement QME When QME Allegedly Failed to Issue Timely Supplemental Report: Cal. Comp. Cases May Advanced Postings (5/13/2014)

Here’s the fourth batch of advanced postings for the May 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Illinois Midwest Insurance Agency,...

Sanctions for Skeletal and Frivolous Petitions: Cal. Comp. Cases July Advanced Postings (7/3/2014)

Here’s the second batch of advanced postings for July 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Martin Reiner, Petitioner v. Workers'...

California: Should a Suspended QME Be Able to Write Admissible Medical-Legal Reports?

Recently, the Workers’ Compensation Appeals Board issued a decision in Gary McKinney v. United Parcel Service ADJ6679833 and ADJ8786254, 2014 Cal. Wrk. Comp. P.D. LEXIS --. McKinney was a driver/dockworker for United Parcel Service (UPS). He alleged an injury on August 8, 2008 to his psyche as...

California: WCAB Imposes Difficult Standards for Overturning a UR Decision

The WCAB, in two recent noteworthy panel decisions, has imposed a difficult standard for applicants seeking to overturn a utilization review (UR) decision. Do these decisions signal a policy decision on the part of the Board to limit reversals of UR decisions? In the first panel decision, the WCAB, in...

California: Can a Utilization Review Determination Exceed Its Appropriate Scope?

With respect to the increasing litigation over the UR process, is Dubon really the issue in many of these UR disputes? Utilization Review (UR) has been around for more than ten years now. UR first came into play in 2003 when Governor Gray Davis passed Senate Bill 228 . The following year, on April...

QME Reports Not Inadmissible During Suspension, Probation of QME License by Medical Unit: Cal. Comp. Cases November Advanced Postings (10/31/2014)

Here’s the second batch of advanced postings for the November 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Gary McKinney , Petitioner v....

California: Quirky Regs and Rules Related to the Medical Legal Evaluation Process

Trial calendars have been inundated lately with expedited hearings dealing with Qualified Medical Evaluator (QME) and Agreed Medical Evaluator (AME) issues. As a result of the Post-SB 863 onslaught of new regs, rules and procedures, the legal community is having a difficult time keeping up with many...

California: Requirements for Requesting Additional QME Panels

In Martinez v. Santa Clarita Community College District , 2015 Cal. Wrk. Comp. P.D. LEXIS 2 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 2 (Lexis Advance), the WCAB denied the applicant’s petition for removal and affirmed the WCJ’s finding that the applicant, who worked as a custodian and...

California: Streamlining the QME Process for Represented Employees

In Bahena v. Charles Virzi Construction , 2014 Cal. Wrk. Comp. P.D. LEXIS 638 (lexis.com), 2014 Cal. Wrk. Comp. P.D. LEXIS 638 (Lexis Advance), the WCAB affirmed the WCJ’s finding that a request by a legally represented applicant for a QME panel in the chiropractic specialty that was made more...

PQME Report Successfully Rebutted Duty Belt Presumption: Cal. Comp. Cases March Advanced Postings (2/25/2015)

Here’s the first batch of advanced postings for March 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Abraham Tokier (aka Abraham Tolkier),...

Defendant’s Strict Security Regulations Prevented Applicant From Disclosing Information on Work Exposure: Cal. Comp. Cases March Advanced Postings (3/17/2015)

Here’s the fourth batch of advanced postings for March 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Wausau Insurance Company, Petitioner...

California: Self-Procured Medical Marijuana

Are applicants entitled to reimbursement for self-procured medical marijuana both pre- and post-SB 863? In Cockrell v. Farmers Insurance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel has once again rescinded the WCJ’s finding that the applicant was entitled to reimbursement (as opposed...

California: The Muddied Waters of the QME Panel Strike Process Post-SB 863

When is a strike of a QME timely post-SB 863? Until further clarification is provided, parties should proceed conservatively and strike a QME within the 10-day time period. Selection of Qualified Medical Evaluator Panels has been a frequent topic at many recent expedited hearings. One of those hearings...

A “Sea Change” in California: Regulatory Implementation of the SB 863 Reforms

AD says IMR gets 30 days to issue a decision after receipt of records, but doesn’t address Arredondo noteworthy panel decision Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter In 2012, California passed into law Senate Bill 863 implementing...

California: Diagnostic Testing: Medical Treatment or Medical-Legal Expense? (Part 2)

In the May 4, 2015 issue of the LexisNexis Workers’ Compensation eNewsletter California Edition we reported the noteworthy panel decision of Hubbard v. United Parcel Service , 2015 Cal. Wrk. Comp. P.D. LEXIS 223 (April 21, 2015). On July 3, 2015, the WCAB panel rescinded its prior decision in which...

California QME Selection Process: Timing and Documentation Requirements

The WCAB has recently issued two noteworthy panel decisions on the QME selection process. In Murray v. County of Monterey , 2015 Cal. Wrk. Comp. P.D. LEXIS 304 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 304 (Lexis Advance), the WCAB provided guidance on the contentious QME selection process by interpreting...

Neuropsychologists and the AB 1542 Veto

A revision of the QME regulations was approved by the Office of Administrative Law in August 2015. One controversial part of these new regulations was the removal of neuropsychology as a designated QME specialty. Labor Code Section 139.2 provides the statutory basis for identification of QME specialties...

California Workers’ Compensation: 2015 Year in Review

By Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook This 2016 edition is the 35th edition of Herlick, California Workers’ Comp Handbook (hereinafter “Herlick”). The latest Herlick Handbook...

Does Violation of the QME Regulations Make a Report Inadmissible?

When policy, practice, and punishment collide and the art of discretion By Brad Wixen, Esq. In the case of Chaides v. The Kroger Company , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the Panel Qualified Medical Evaluator (QME) on the case evaluated the applicant several times and issued many supplemental...

Applicant Precluded From Reopening Psychiatric Claim: Cal. Comp. Cases July Advanced Postings (6/29/2016)

Here’s the latest batch of advanced postings for the July 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Coline Antouri, Petitioner v. Workers'...

California: If You’re Thinking Navarro, Think Claim Form!

In Parker v. DSC Logistics , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel rescinded the WCJ’s finding and held that the applicant forklift driver, who filed separate claims for a 10/30/2009 injury to his back, a 3/31/2014 injury to his back and neck, and a cumulative injury to his back and...