LexisNexis® Legal Newsroom
California: The Right to Select the Specialty of the Panel QME: Whose Choice Is It Anyways?

Lexis.com subscribers can link to the citations below. Prior to the passage of Senate Bill 899, both sides maintained the right to select their own QME. Inherent in the use of “battling QME’s” was also the right to decide what type of specialist a party would utilize. Where a back...

The Rassp Report

The Rassp Report, a law blog Robert G. Rassp, Esq. Author, " Lawyer's Guide to the AMA Guides and California Workers' Compensation ," 2015 © Lexis Nexis/Matthew Bender & Co. Chairman of the Board of Directors, Friends Research Institute: www.friendsresearch.org Read...

State-by-State Workers' Comp News Powered by Larson's (8/5/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL AND STATE NEWS: Survey Shows Federal Disability Recipients Able to Work But Can’t Find Jobs . Businesses...

California: SB 863 Final Interpreter Services Rules Effective 8-13-2013

The following summary highlights the major changes in the final interpreter services rules that went into effect August 13, 2013, as well as relevant provisions of the Labor Code. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Citations...

Two-Year TD Limitation Applies Despite No Proof at Trial When Payments Commenced: Cal. Comp. Cases October Advanced Postings (9/29/2013)

Here’s the first batch of advanced postings for the October 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Rosa Lopez , Petitioner v. Workers'...

Initial Data on 2012 Private Self-Insured Claims Show Stable Claim Frequency, Declining Severity

Workers’ compensation claim frequency among California’s private self-insured employers showed almost no change in 2012 as a slight increase in the incidence of medical-only claims was offset by a slight reduction in indemnity claim frequency according to a California Workers’ Compensation...

California: Accounts Receivable Purchase of Liens at Reduced Value - Trade Secret or Not?

"AR companies have become a cottage industry that now fills the courts with significant and sometimes unnecessary lien litigation on issues, many as such are presented in the instant petition.” In Gonzalez v. Thang Vi Duong, Inc., 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel denied...

New CWCI Study Produces Benchmark Data on Physician Reporting in California Workers’ Comp

A new CWCI study finds that the average number of first-year medical reports per claim provided by California workers’ comp treating physicians to claims administrators rose by 123% in the 12 years leading up to the adoption of the new physician fee schedule, fueled in part by increases in evaluation...

National and State-by-State Workers' Comp News Powered by Larson's (1/11/2015)

Congress Passes Legislation for TRIA Extension . US Postal Data Breach May Compromise Health Data for Nearly 500,000 Workers . Mark Walls at Safety National Discusses 2015 WC Issues to Watch . CMS Posts 1/5/2015 Version of WCMSA Reference Guide . CMS Posts 1/5/2015 of MMSEA User Guide . ...

CWCI Measures California Workers’ Comp Physician Reporting Changes Under the RBRVS Schedule

The average amount paid to California workers’ compensation treating physicians for medical reports fell more than 30 percent in the first quarter of 2014 as the state began to transition to a Resource-Based Relative Value Scale (RBRVS) fee schedule, though a CWCI analysis traces the decline to...

CWCI/WCIRB Study Confirms Post-Reform Reductions in ASC Facility Fees

Average facility fees paid to ambulatory surgery centers (ASCs) for treatment of injured workers in California have declined 27% per episode and 29% per procedure since fee schedule changes mandated by SB 863 were adopted in 2013 according to updated data from a joint study by the California Workers’...

Combined Psychiatric Effects of Three Injuries Found Inextricably Intertwined: Cal. Comp. Cases July Advanced Postings (7/1/2015)

Here’s the second batch of advanced postings for July 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. Northrop Grumman Systems Corporation,...

Defendant’s Claim for Credit Rejected When FEHA Violation Led to Applicant’s Injury: Cal. Comp. Cases April Advanced Postings (4/15/2016)

Here’s the latest batch of advanced postings for the April 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. Hartzheim Dodge, Inc., Auto...

California: Communications With the AME or PQME

When do communications with the AME or PQME have to be cleared by the opposing side? In Lopez Castaneda v. Forever 21 , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, affirmed the WCJ’s finding that the applicant was entitled to a replacement qualified medical evaluator...

Noteworthy Workers' Compensation Legal Trends 2016: Part One

This article surveys recent legal trends in the states of Arizona, California, Delaware, Georgia, and Kentucky as explained by our workers’ compensation experts below. ARIZONA The Arizona Legislature has enacted several new laws, all of them effective August 6, 2016: 1. A.R.S. §23...

California: Does a Home Care Assessment Constitute “Treatment” Subject to Utilization Review?

Fine Lines and a Glimpse at the Future In Rodriguez v. Simi Valley Unified School District, 2016 Cal. Wrk. Comp. P.D. LEXIS 671 , applicant, a custodian, sustained injury at her employer. The injury was sufficiently serious that her treating physician deemed it necessary to ask that an independent...

California: Direct Injuries vs. Compensable Consequences

The Importance of Knowing the Difference Between Direct Injuries and Compensable Consequences For dates of injury prior to 1/1/2013, injured workers were entitled to full workers’ compensation benefits for injuries to all body parts, regardless of whether the injury was a result of a “direct...