CA SUPREME COURT DECIDES THE DATE FOR COMMENCEMENT OF COLA’s IN TOTAL P.D. AND LIFE PENSION CASES

CA SUPREME COURT DECIDES THE DATE FOR COMMENCEMENT OF COLA’s IN TOTAL P.D. AND LIFE PENSION CASES

Copyright@2011 Clifford J. Weinberg  All Rights Reserved  August 15, 2011 Clifford J. Weinberg On Friday, August 11, 2011, the CA Supreme Court issued a published opinion in Baker v. WCAB (X.S.) interpreting the application of Labor Code section 4659 (c) which provides for cost of living adjustments... 

WCAB EN BANC DECISION  RULES MEDICAL REPORTS FROM NON-MPN PHYSICIANS ARE INADMISSIBLE AND MAY NOT BE RELIED UPON TO AWARD COMPENSATION

WCAB EN BANC DECISION RULES MEDICAL REPORTS FROM NON-MPN PHYSICIANS ARE INADMISSIBLE AND MAY NOT BE RELIED UPON TO AWARD COMPENSATION

WCAB EN BANC DECISION[1] RULES MEDICAL REPORTS FROM NON-MPN PHYSICIANS ARE INADMISSIBLE AND MAY NOT BE RELIED UPON TO AWARD COMPENSATION In a decision which can only be characterized as “stunning,” the WCAB has filed an En Banc Decision after Reconsideration in the case of Elayne Valdez v. Warehouse... 

The WCAB has issued a Panel Decision in the case of Laury v. SCIF

The WCAB has issued a Panel Decision in the case of Laury v. SCIF

March 28, 2010 WCAB PANEL DECISION UPHOLDS THE USE OF SECTION 15.13 OF THE GUIDES [Figure 15-19] TO SUPPORT AN ALMARAZ/GUZMAN II DETERMINATION (Using Apples to Make Banana Pie and then calling it Red Velvet Cake) The WCAB has issued a Panel Decision in the case of Laury v. SCIF (ADJ3400378).  While... 

Reasonably Required Interpreting Services Permitted During Medical Treatment

Reasonably Required Interpreting Services Permitted During Medical Treatment

Subject to Proof—Interpreting Services are Now Deemed an Essential Adjunctive to the Provision of MedicalTreatment under Lab C 4600 and are therefore Potentially Recoverable as an Element of Treatment The WCAB has issued an En Banc decision in the case of Jose Guitron v. State Compensation Insurance... 

New DWC Regulations go into effect 10-08-10

New DWC Regulations go into effect 10-08-10

This is inform that there are new DWC Regulations which have revised the written information employers are required to provide its employees with respect to their Medical Provider Networks (MPNs) and access to same in case of a work-related injury. These new regulations would therefore apply only to... 

When Should I Use an AME?

When Should I Use an AME?

Date: March, 29, 2010 When Should I Use an AME? As most of you are now aware, we generally advise and counsel against the utilization of an Agreed Medical Examiner (“AME”) in the vast majority of cases and under most common factual scenarios.  For one thing, AME’s tend to reflexively... 

WHAT ABOUT THAT REG No. 30?

WHAT ABOUT THAT REG No. 30?

On February 17, 2009, new regulations governing the QME process became effective, though without much fanfare, let alone controversy Imbedded within these 97 pages of revised regulations is the so-called “Regulation No. 30,” which has been the subject of mounting concerns and growing frustration... 

CHRONIC PAIN TREATMENT GUIDELINES TAKE EFFECT

CHRONIC PAIN TREATMENT GUIDELINES TAKE EFFECT

Date: June 26, 2009, Volume: 09-5, Number: 02 On July 18, 2009, the new Chronic Pain Treatment Guidelines will take effect as part of the Medical Treatment Utilization Schedule (“MTUS”) under Labor Code 5307.27. The regulations governing these new treatment guidelines are 34 pages long. However,... 

SUPREME COURT RULES ON SMITH/AMAR

SUPREME COURT RULES ON SMITH/AMAR

Date: May 11, 2009, Volume: 09-5, Issue: 01 Today, the California Supreme Court issued its decision in the Smith/Amar cases. Please recall these cases involved the issue of whether after a stipulated award for future medical care, if an employer applies utilization review and therefore raises the reasonableness... 

WCAB DECISIONS IN ALAMARZ/GUZMAN II

WCAB DECISIONS IN ALAMARZ/GUZMAN II

Date: September 3, 2009, Volume: 09-6, Issue: 03 On Thursday, September 3, 2009, the WCAB issued its en banc decisions in the long-awaited cases of Almaraz/Guzman ALMARAZ/GUZMAN II: The WCAB has handed down a 51 page 4 to 3 “split decision,” with the majority of Commissioners essentially validating...