LexisNexis® Legal Newsroom
California: Home Health Care Service – Now & Then

Now that SB 863 is in effect, massive changes have taken place with regard to the authorization of home health care services. Therefore, it is important to understand the history behind the concept of home health care services as medical treatment (MT) pursuant to Labor Code Section 4600 . The recent...

California: Supreme Court Affirms COA in Valdez

The Supreme Court has issued its long awaited ruling in the W.C.A.B. en banc decision (titled Valdez v W.C.A.B . in the Appellate Courts) regarding the admissibility of medical reports obtained by applicants under Labor Code § 4605. The W.C.A.B. in its decision had rule such reports to be not admissible...

California: Judges and Jurisdiction - Where to Draw the Line

The primary purpose of the newly created Independent Medical Review (IMR) process is to review medical treatment (MT) disputes and issue determinations. SB863 added LC §4610.6 (i) to the Labor Code, which states in pertinent part, “In no event shall a workers’ compensation administrative...

California: Appellate Court Broadly Interprets Labor Code Section 5803

In a brief and to the point decision, the 2nd Appellate District has reversed a W.C.A.B. decision that had rescinded an award of increased benefits based upon a Petition to Reopen. The case, Benavides v W.C.A.B ., is one of the briefest opinions on a workers’ compensation issue that this commentator...

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 Fringe Medical Benefits: A Question of Evidence

In Logudice v. Mimi’s Café , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel affirmed the WCJ’s finding that the defendant was liable for residential relocation, moving costs, rent differential, and housekeeping services as reasonable and necessary medical treatment to cure or relieve...

CWCI Tracks Use of Network Physicians in California Workers’ Comp and Associated Savings

Use of network physicians to manage California injured workers’ medical care rose from just over half of all claims prior to the introduction of medical provider networks (MPNs) to nearly 80 percent of all claims after MPNs were fully implemented according to a new CWCI study that tracks network...