LexisNexis® Legal Newsroom
California: Jurisdiction Issues That Could Sabotage Your Case

Quite a few WCAB Noteworthy Panel Decisions (NPDs) have issued lately on the question of jurisdiction. In each of them, the parties had petitioned to go forward on an issue, only to discover at the hearing level, that the WCAB might not have jurisdiction to decide the matter. Practitioners should be...

CWCI Study Measures the Impact of the RBRVS Fee Schedule in California Workers’ Comp

Oakland – A new study shows that as the California workers’ comp system began to transition to a Resource Based Relative Value Scale (RBRVS) fee schedule for physician and non-physician medical services, there was a major shift in where the medical dollars flow, so as intended, primary care...

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 P.D. LEXIS --, the WCAB panel rescinded the WCJ’s finding and held that the applicant forklift driver, who filed separate claims for a 10/30/2009 injury to his back, a 3/31/2014 injury to his back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...

CWCI Scorecard Quantifies Workers’ Comp Claim & Payment Differences in L.A. County

Oakland -- The California Workers’ Compensation Institute has debuted a new series of research publications, “California Workers’ Compensation Regional Score Cards,” which use subsets of data from CWCI’s Industry Research Information System (IRIS) database to measure and...

CWCI Models Formulary’s Impact on California Workers’ Comp Prescription Drugs

Oakland – A new California Workers’ Compensation Institute (CWCI) study uses data from 1.2 million drug prescriptions dispensed to California injured workers in 2014 to model the impact of the draft Medical Treatment Utilization Schedule (MTUS) Drug Formulary released by the Division of Workers’...

California: What Constitutes a Diminishment in a Benefit When It Comes to an ADR?

In Ramirez Farias v. Able Building Maintenance , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, found that the applicant, who suffered an industrial injury to her neck, back, right wrist, and right shoulder from 2/28/2005 through 1/22/2014, and was treating outside of an alternative...

California: MPN Treatment Resolution: Separate and Distinct vs. Part and Parcel

Did the Legislature intend for there to be two separate methodologies for resolving treatment disputes? By Brad Wixen, Esq. The essential question in Parrent v. SBC-Pacific Bell Telephone Company , 2016 Cal. Wrk. Comp. P.D. LEXIS --, is whether the Medical Provider Network (MPN) method of resolving...

California: CVC or “Addition Method” in SIBTF Cases?

Recently, there has been a significant uptick in the number of Subsequent Injury Benefit Trust Fund (SIBTF) cases being litigated before the WCAB. With these cases come some unique tweaks to existing case law. One of the more interesting issues that has arisen lately has been whether a party may use...

California: The Use of a Special Master in Complex Discovery Disputes

In Von Ritzhoff v. Ogden Entertainment Food Services , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s order appointing the applicant’s attorney as the special master assigned to monitor the depositions in the applicant’s workers’ compensation case. While the...

CWCI Score Card Examines Inland Empire/Orange County Work Comp Claims

Oakland – The California Workers' Compensation Institute (CWCI) has issued its second Regional Score Card, offering detailed data on claims filed by workers from San Bernardino, Riverside, Orange and Imperial Counties for job injuries that occurred between 2005 and 2015. The Scorecard, based...

California: Are Voucher Penalties Based on the Actual or the Potential Loss?

Interesting Ramifications of Labor Code Section 5814 By Brad Wixen, Esq. In Garcia v. Sara Lee Corporation , 2016 Cal. Wrk. Comp. P.D. LEXIS – (Board Panel Decision), applicant received an independent medical review (IMR) overturning a utilization review (UR) denial for medications. Defendant...

Laborer in Work Release Program Was Employee of County: Cal. Comp. Cases Advanced Postings October 2016

Here’s the latest batch of advanced postings for the October 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. County of Riverside, PSI, Petitioner...

Injury AOE/COE From Tuberculosis: Cal. Comp. Cases October Advanced Postings (10/12/2016)

Here’s the latest batch of advanced postings for the October 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. OneBeacon America Insurance Company...

California: Two Separate Medical Review Processes Available to an MPN Treatment Recommendation

By LexisNexis California WCAB Noteworthy Panel Decisions Reporter Staff In De Leon v. Safeway, Inc., 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, reversing the WCJ, held that the request for authorization to provide medical treatment by the applicant’s MPN treating physician was subject to...

No California Jurisdiction Over Pro-Athlete Entertainer Found: Cal. Comp. Cases Advanced Postings (10/27/2016)

Here’s the latest batch of advanced postings for the November 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. Michael Wilson, Petitioner v....

California: Is It the Defendant’s Job to Make Sure UR Has the Appropriate Treatment Records?

In McKinney v. Enterprise Rent-A-Car of San Francisco , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB reversed the WCJ’s finding that the defendant was liable for sanctions under Labor Code § 5813 for bad faith handling of requests for authorization (RFA) from the applicant’s treating...

Permanent Total Disability Award Upheld; Sub Rosa Videotape Disallowed on Procedural Grounds: Cal. Comp. Cases Advanced Postings (10/26/2016)

Here’s the latest batch of advanced postings for the November 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. Allegis Group, Aerotek Commercial...

California Workers' Comp Case Roundup (10/31/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 10 Oct 2016 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 Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...

CWCI Study Highlights Differences Between Central Valley and Other California Workers’ Comp Claims

Oakland – A new California Workers’ Compensation Institute (CWCI) Regional Score Card finds that workers in California’s Central Valley have a distinctly different workers' comp claims experience than those from other regions in terms of notification and treatment lag times, mix...

California: Serious & Willful Misconduct: The Outlier Workers’ Compensation Issue

© Copyright 2016 LexisNexis. All rights reserved. (Publisher’s Note: Case citations link to Lexis Advance.) The majority of workers’ compensation trials these days seem to deal with injuries to the spine and how to accurately rate that impairment. But occasionally, an outlier issue...

Vocational Expert’s Opinion Did Not Rebut Scheduled Rating: Cal. Comp. Cases Advanced Postings (11/7/2016)

Here’s the latest batch of advanced postings for the Nov 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. Charles Edwards, Petitioner v. Workers'...

California: To Be or Not To Be Present: That Is The Question

When should a claim be dismissed for lack of appearance? In the case of Nunez v. Petrochem Insulation, Inc ., 2016 Cal. Wrk. Comp. P.D. LEXIS --, applicant alleged a CT injury ending in 2009. In April 2011 there was a “stipulation” signed in court that applicant did sustain injury, but...

California: Loss of Function Rating Prevailed Over Strict Anatomic Loss of Motion Rating

A recent case reflects how crucial it is for an evaluating or treating physician to point out all objective medical findings as a result of an industrial injury, and then there has to be a correlation between those objective medical findings and the ultimate WPI impairment rating. In Prell v. Cedar...

WCJ Erred in Not Applying Heart Presumption and Anti-Attribution Provisions: Cal. Comp. Cases Advanced Postings (11/9/2016)

Here’s the latest batch of advanced postings for the Nov 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. County of Riverside, PSI, Petitioner...

California Workers' Comp Case Roundup (12/6/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 11 Nov 2016 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 Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...