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California: Legislature Passes SB 863

The State Legislature passed and forwarded to Governor Brown a historic workers’ compensation benefit increase and reform package on Friday, August 31, 2012 Presumably signing by the Governor is a certainty as the Governor’s office was reportedly closely following SB 863, strongly supported...

California SB 823 and Home Health Care: Details, Details, Details . . .

It looks likely that Governor Brown is going to sign Senate Bill 863 into law. There has been a lot of discussion concerning some of the more significant aspects of this legislation. The discussion thus far has seemed to focus on the Independent Medical Review (IMR) process, the elimination of the psyche...

California: Utilization Review and IMR in SB 863

Medical Treatment Changes Some of the most extensive changes to the Labor Code in SB 863 are intended to tighten up medical control in both Labor Code § 4600 as well as in the Medical Provider Networks. One of the principle methodologies for controlling medical costs in this legislation appears...

California Workers’ Compensation Reform SB 863 Analysis: Medical Treatment Provisions (9/7/2012)

The following analysis is based on the 8/30/2012 amended version of SB 863: SB863, widely lauded as the “new and improved” workers’ compensation reform package passed both the houses of the legislature on Friday, August 31 and is now on the Governor’s desk waiting to be signed...

California Workers’ Compensation Reform SB 863 Analysis: Medical Treatment Provisions (9/7/2012)

The following analysis is based on the 8/30/2012 amended version of SB 863: SB863, widely lauded as the “new and improved” workers’ compensation reform package passed both the houses of the legislature on Friday, August 31 and is now on the Governor’s desk waiting to be signed...

CWCI Schedules Workers’ Comp Reform (SB 863) Seminars

The California Workers’ Compensation Institute will hold a 1-day seminar in mid-October in San Francisco and Long Beach to educate industry professionals on the provisions and practical implementation issues related to SB 863, the workers’ comp reform passed by state lawmakers at the end...

California DIR Officials Outline Goals and Tasks for Implementing SB 863 Workers’ Comp Reforms

By David Bryan Leonard, Esq., Special to the LexisNexis Workers’ Compensation Law Community The 2012 California Workers’ Compensation and Risk Conference opened September 19, 2012 at the St. Regis Resort, Dana Point with an update from the DIR/DWC/WCAB entitled “What’s on the...

SB 863: Changes Impacting the Use of Treating Physicians, Agreed Medical Examiners and Qualified Medical Examiners in California

By David Bryan Leonard, Esq., Special to the LexisNexis Workers’ Compensation Law Community Day two of the 2012 California Workers’ Compensation and Risk Conference included a panel by James Fisher, Esq., counsel for the Department of Industrial Relations, currently assigned to the DWC...

SB 863: Changes Impacting the Use of Treating Physicians, Agreed Medical Examiners and Qualified Medical Examiners in California

By David Bryan Leonard, Esq., Special to the LexisNexis Workers’ Compensation Law Community Day two of the 2012 California Workers’ Compensation and Risk Conference included a panel by James Fisher, Esq., counsel for the Department of Industrial Relations, currently assigned to the DWC...

California: SB 863 Checklist and Reference Guide

SB 863 CHECKLIST & REFERENCE GUIDE By Robert G. Rassp, Esq. © Copyright 2012 LexisNexis. All rights reserved. This SB 863 Checklist & Reference Guide is excerpted from The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation , 2013 Edition (available...

California: SB 863 Checklist and Reference Guide

SB 863 CHECKLIST & REFERENCE GUIDE By Robert G. Rassp, Esq. © Copyright 2012 LexisNexis. All rights reserved. This SB 863 Checklist & Reference Guide is excerpted from The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation , 2013 Edition (available February...

New Seventh Edition of Rassp & Herlick, California Workers’ Compensation Law

The Seventh Edition of Rassp & Herlick, California Workers’ Compensation Law has a new look, a new format, and a new title. With workers’ compensation reform under SB 863 looming, we thought it would be timely to update, revise and restructure Rassp & Herlick from a treatise to a...

California Labor Code Section 139.48 – The Return To Work Fund: What We Know and What We Don’t Know

By Robert G. Rassp, Esq. DISCLAIMER: This article was written before regulations have been proposed to implement the Return To Work Fund. You are encouraged to pay close attention to all rules and regulations promulgated by the DIR and WCAB to implement the $120,000,000 Return To Work Fund. As...

California Labor Code Section 139.48 – The Return To Work Fund: What We Know and What We Don’t Know

By Robert G. Rassp, Esq. DISCLAIMER: This article was written before regulations have been proposed to implement the Return To Work Fund. You are encouraged to pay close attention to all rules and regulations promulgated by the DIR and WCAB to implement the $120,000,000 Return To Work Fund. As part...

California SB 863: Commentary on Proposed Independent Medical Review Regulations

On November 27, 2012, the DWC posted on the DIR website proposed “emergency” regulations for implementation of the Independent Medical Review (IMR) Process pursuant to the reform language of SB863: http://www.dir.ca.gov/dwc/DWCWCABForum/1.asp DWC welcomes comments from the general public...

California: Proposed IMR Regs

The DWC has published proposed Independent Medical Review regulations (a link to them is noted at the bottom of this post). The proposed regs are on a DWC forum page, with the forum for comments slated to close December 7. Because there is not time for regular rulemaking for these rules required by...

California SB 863 Reforms: Adjusters Should Adjust - The Blowback From UR and IMR

By Robert G. Rassp, Esq. So, 2013 is just around the corner and we are gearing up to learn the new law and regulations so that we can apply them in our cases. We have an interim period between now and July 1, 2013 when disputes over medical necessity under utilization review denials, modifications...

California: It’s Here--Independent Bill Review (Part 2)

By David Bryan Leonard, Esq. © Copyright 2013 LexisNexis. All rights reserved. This is Part 2 of a two-part article. Read Part 1 here . Processing of IBR Request by the Administrative Director After the secondary review, and after the provider submits the proper request and fees for IBR...

California: It’s Here--Independent Bill Review (Part 2)

By David Bryan Leonard, Esq. © Copyright 2013 LexisNexis. All rights reserved. This is Part 2 of a two-part article. Read Part 1 here . Processing of IBR Request by the Administrative Director After the secondary review, and after the provider submits the proper request and fees for...

California: It’s Here--Independent Bill Review (Part 1)

By David Bryan Leonard, Esq. © Copyright 2013 LexisNexis. All rights reserved. 2013 has started off with a whirlwind of new regulations and administrative processes. We have several new sets of regulations that cover topics such as Independent Bill Review (IBR), Independent Medical Review (IMR...

California: Medical Emergencies Post SB 863

The recent reform act of SB 863 will bring in a whole host of changes to our workers compensation medical treatment (MT) delivery system. As we pour over the new and revised statutes and the new and revised regulations, it is helpful to consider what aspects of the law have changed, and what aspects...

Baseline Provided for Evaluating California SB 863 Reforms

WCRI Analyzes Pre-Reform Data and Expected Impact of Reforms By John Stahl, Esq. WCRI’s 13th Medical Benchmarks study based on data through the first quarter of 2011 is intended to provide a baseline from which the impact of SB 863’s reforms of California’s workers’ compensation...

California: DIR Director Christine Baker Provides Update on Progress of SB 863 Eighteen Months After Operative Date

A report from the California Workers’ Compensation & Risk Conference, Sept. 10-12, 2014, Dana Point, CA By David Bryan Leonard, Esq. Without pause, Christine Baker, Director of the California Department of Industrial Relations, took the stage immediately following national basketball...

California: Angelotti Challenge Fails

The U.S. Court of Appeals 9th Circuit has now handed a big win to the architects of the SB 863 reforms. The case is Angelotti Chiropractic et al v. Baker (see link to the opinion below). Angelotti was a constitutional challenge to the lien activation fee provisions of SB 863. At the trial court...

CWCI Continues Case Law Series With 2016 Update

The California Workers’ Compensation Institute (CWCI) will conduct a one-day case law seminar in May in both Long Beach and San Francisco to examine how recent trends in decisional law are reshaping California workers’ compensation and to discuss appropriate negotiation and defense strategies...