Industrial medical treatment rendered at Veteran Administration (VA) hospitals and facilities are exempt from reduction per the California Official Medical Fee Schedule and are reimbursable for the full value of… read more »
WCAB En Banc Decision Addresses Medical-Legal Lien Claimants’ Burden of Proof & Issue of Waiver of Defenses
On November 14,2019, the WCAB issued its en banc decision in Colamonico v. Secure Transportation (ADJ9542328) regarding a medical-legal lien claimant’s burden of proof and the question of whether a… read more »
Two New En Banc Decisions Establish Analytic Framework to Determine “Catastrophic Injury” under Labor Code Section 46601.(c)(2)(B) & Rebuff Defendant’s Challenge to the Court’s Authority to Do So
On May 10, 2019, and July 15, 2019, the WCAB issued en banc decisions regarding whether an applicant’s injury could be deemed “catastrophic” pursuant to Labor Code Section 4660.1(c)(2)(B) and… read more »
Classification of Workers: The Employee vs. Independent Contractor Debate
The leading case that sets forth the standard in determining whether a worker is an employee or independent contractor was issued nearly three decades ago in S.G. Borello & Sons,… read more »
Significant Percentage of Utilization Review Companies Noncompliant with Mandated Accreditation Requirements
As part of the omnibus legislation embodied by SB 1160, which was signed into law in September 2016, Labor Code Section 4610 was enacted. Labor Code Section 4610(g)(4) mandates: A… read more »
California Supreme Court Holds Injured Worker’s Exclusive Remedy for UR Physician’s Negligence is through Workers’ Compensation
On August 22, 2018, the Supreme Court of California issued its decision in the case of King v. CompPartners, Inc., (S232197), concluding that an injured worker may not sue a… read more »
Recent En Banc Decision Makes the Deadline Clear for LC 4903.05 Lien Declarations
On March 22, 2018, the Workers’ Compensation Appeals Board issued an en banc decision in the case of Pedro Hernandez vs. Henkel Loctite Corporation (ADJ6726149), upholding the Finding of Fact… read more »
Another IMR Constitutional Challenge Rebuffed by First District Court of Appeal
California’s First District Court of Appeal has certified for publication its decision from mid-January in Zuniga V. WCAB (Interactive Trucking) (WCAB Case No. ADJ2563341, Court of Appeal Case No. A143290;… read more »
New U.S. Supreme Court Decision Impacts the Rights of ERISA Plans Seeking Reimbursement in Third Party Actions
On January 20, 2016, the U.S. Supreme Court ruled in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan (136 S. Ct. 651, 2016 U.S. LEXIS… read more »
DWC Slow to Act More Than an Month After Angelotti Dismissal
On June 29, 2015, the United States 9th Circuit District Court of Appeals dismissed the case of Angelotti Chiropractic v. Baker. The dismissal vacated the preliminary injunction that had stayed… read more »