The Examiner’s Guide to a Medical Report
By Corey A. Ingber
1.1 MEDICAL REPORTS IN WCAB PROCEEDINGS
The WCAB expressly favors the production of medical evidence in the form of written medical reports
Live medical testimony at trial is strongly disfavored and is therefore rare. It can be brought but only upon a...
THE LIKELY IMPACT RESULTING FROM THE DWC MEDICAL UNIT’S DECISION TO DEFER DISPUTES OVER PANEL VALIDITY TO THE WCALJ?
Corey A. Ingber
What is the current processing backlog for DWC Medical Unit action on received PQME panel requests? As of today, for represented cases, the WC-Medical Unit’s recorded message reflects they are now processing received panel requests as of 3/22/2011. For unrepresented cases, the...
VALDEZ V. WAREHOUSE DEMO SERVICES (REVISITED AFTER RECONSIDERATION)
By Corey Ingber[i]
WCAB AFFIRMS DECISION OF 4/21/11 HOLDING THAT IF UNAUTHORIZED
TREATMENT IS OBTAINED OUTSIDE OF A VALIDLY ESTABLISHED AND PROPERLY NOTICED MPN, THEN THE RESULTING TREATMENT REPORTS FROM THE NON-MPN PHYSICIANS ARE INADMISSBLE AND CANNOT BE RELIED UPON FOR AN AWARD OF BENEFITS
As...
CLIENT UPDATE WCAB EN BANC DECISIONS:
CLIENT UPDATE
WCAB EN BANC DECISIONS:
By Corey Ingber[i]
MESSELE V. PITCO FOODS
TIME FRAME FOR AGREEMENT UPON AME, PRIOR TO A PANEL REQUEST IN REPRESENTED CASES IS 15 CALENDAR DAYS, NOT 10, IF SERVICE OF PROPOSAL IS MADE IN ANY MANNER OTHER THAN BY PERSONAL SERVICE
The WCAB has issued an En Banc decision,...
15% “UP and Down” Lab C 4658(d)(2)
How Confusing Can This Be?
There are perhaps few other provisions of the SB 899 reforms, which have caused a wider level of confusion and misunderstanding, than the so-called 15% PD “bump up/bump down” provisions of the PD statute, which were grafted onto to Labor Code 4658, under the 2004 era...
Welcome to 2012!
A BRIEF SUMMARY OF NEW LAWS TAKING EFFECT, SOME CASE DECISIONS OF 2011, AND SOME PRACTICE SUGGESTIONS
By Corey A. Ingber
Copyright © 2012 Corey A. Ingber. All Rights Reserved.
New laws that take effect 1-1-12i
AB 228 – SCIF MAY INSURE TEMPORARY OUT-OF-STATE EMPLOYEES: Amends the California Insurance...
LIVING IN A POST VALDEZ WORLD
WHAT ACTIONS, IF ANY, SHOULD BE TAKEN WHEN WE ARE STILL GETTING MEDICAL REPORTS FROM OUT-OF-NETWORK PHYSICIANS?
HOW DO WE DETERMINE WHETHER WE HAVE A DEFENSE?
Please recall the WCAB En Banc decision in Valdez v. Warehouse Demo Services/Zurich [ADJ7048296] where on 4/20/11, the WCAB Commissioners, with...
The New CMS Policies on Prescription Drug Set-Aside Guidelines
Download this alert in printable PDF format
As everyone is now likely aware, CMS has set forth new policies effective June 1, 2009 for the methodology of pricing future prescription drug treatment costs and expenses contained within MSA proposals, submitted on and after that date. As is the case, CMS...