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California: 1st District Reverses W.C.A.B. in Elliot – Follows W.C.A.B. Holding in Cervantes

The 1st Appellate District has reversed the W.C.A.B. decision in Elliot v W.C.A.B . , agreeing with the subsequently issued en banc decision in Cervantes v. El Aguila Food Products , Inc . (2009) 74 Cal.Comp.Cases 1336 ( Cervantes ) regarding the procedures to be followed in requests for spinal surgery...

CA: WCAB Further Refines Utilization Review Spinal Surgery Procedures

Jacob Vervalin v. Mission Uniform & Linen, Travelers Insurance Medical-Legal Procedure--Spinal Surgery--WCAB rescinded WCJ's finding that applicant/sales representative with 4/20/2007 spinal injury was entitled to spinal surgery based upon AME's report, when WCAB found that it was improper...

Cal. Comp. Cases August 2010 Advanced Postings (8/25/2010)

Here's the fourth batch of advanced postings for the August 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and full case summaries. © Copyright 2010 LexisNexis. All rights reserved. Contra Costa County Fire Protection...

UR and IMR: Did the WCAB Du(bon) the Right Thing? Applicants' Attorneys Chime In

Karen C. Yotis, Esq., Feature Resident Columnist of the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers' comp world. Utilization Review and Independent Medical Review are heavily laden concepts that have caused...

California: WCAB Affirms Entitlement to Spinal Surgery in a Post-Dubon II Case

In Cabral v. Hal Hays Construction, Inc. , 2014 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel, affirming the WCJ, held that an applicant with an industrial injury to his back and neck was entitled to spinal surgery as requested by his treating physician. The WCAB found that the defendant’s 6/9/2014...