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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...

Does an Employee Have to Obtain a Comprehensive Medical-Legal Evaluation Prior to Disputing a Utilization Review Determination?

In State Compensation Insurance Fund v. Workers' Comp. Appeals Bd. (Sandhagen) (2008) 44 Cal.4th 230 [73 Cal.Comp.Cases 981] (Sandhagen), the California Supreme Court clarified that an employer did not have the option of going through either UR or the QME process in addressing a treatment request...

California: The Sticky Wicket That Is Home Health Care

Lexis.com subscribers can link to the cases and statutes cited below. An injured employee’s entitlement to home health care is oftentimes a hotly contested issue in the workers’ compensation arena. Home health care issues can vary in nature. Issues in these cases may involve the level of...