LexisNexis® Legal Newsroom
California: WCAB Panel Allows Report of Non-Examining Panel QME in Contribution Proceeding

In Chirinos v. Heartwood Cabinet , No. ADJ2087163, the WCAB panel found that the applicant’s failure to submit to a physical examination by the panel QME did not render the panel QME’s reports inadmissible for purposes of this contribution proceeding, and that the Arbitrator did not err in...

California Panel QME Process: Is It Time to Admit We Are Dealing With a Monster?

A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served to increase litigation. No question, at least...

California: When to Object to a Treating Physician’s Permanent Disability Determination

Lexis.com subscribers can link to the cases and statutes cited below. California Labor Code Section 4062 provides that if either party objects to a “medical determination” made by the treating physician concerning any medical issues not covered by Labor Code Section 4060 or 4061 and not...

Black Mold Aggravates Applicant’s Pre-Existing Asthma: Cal. Comp. Cases February Advanced Postings (2/13/2014)

Here’s the latest batch of advanced postings for the February 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. City of Oakland, PSI, administered...

California: W.C.A.B. Rules ADR 35.5(e) Invalid

The W.C.A.B. has issued an en banc decision on an issue that comes up fairly frequently before the W.C.A.B.—the application of Rule 35.5 to QME where an injured worker has multiple injuries to similar parts of the body with the same parties. Rule 35.5(e) would suggest the employee is limited to...

Strict AMA Guides WPI of Zero Percent Rebutted in Ortho/Psyche Case: Cal. Comp. Cases August Advanced Postings (8/20/2014)

Here are the second and third batch of advanced postings for the August 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. Bank of America, PSI, adjusted...

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...

Psychiatric Injuries Post-SB 863: The PQME Process Lives On

In Hernandez v. Fremont Bank, 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s finding that the applicant bank teller, who alleged that she suffered psychiatric injury as a compensable consequence of an orthopedic injury, was entitled to a panel qualified medical evaluator (PQME...

California: The PQME Process and the Remote Medical-Legal Evaluation

What is the potential role of telemedicine when it comes to PQME evaluations? In Gonzales v. ABM Industries , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel, denying removal, affirmed the WCJ’s order instructing the Medical Director to replace the originally assigned qualified medical evaluator...