On June 22, 2016, California’s Second District Court of Appeal issued its decision in California Highway Patrol v. WCAB (Margaris) (B269038). The decision holds that the language in Labor Code… read more »
Prevalence of Ransomware in 2016 Highlights Importance of Information Security Awareness
In the first quarter of 2016, the healthcare industry experienced an alarming increase in the prevalence of ransomware. Numerous providers across the United States were forced to temporarily work offline… read more »
Both Second & Third District Courts of Appeal to Review IMR Decision Timeframe Disputes
Both California’s Second District Court of Appeal and the Third District Court of Appeal have granted review of cases that address the issue of whether the 30-day time period for… 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 »
IMR Constitutional Challenge and Lien Activation Fee Updates
IMR CONSTITUTIONAL CHALLENGE UPDATE On January 25, 2016, the California Supreme Court in Stevens v. WCAB (WCAB No. ADJ 1526353; Case No. A143043) indicated that it was extending the time through… read more »
Case Law Update: Supreme Court Petition for Review on Constitutional Challenges to IMR
On December 4, 2015, Applicant’s counsel in the case of Stevens v. WCAB (WCAB No. ADJ 1526353; Case No. A143043) filed a Petition for Review with the California Supreme Court,… read more »
Unethical Hearing Representatives Reprimanded by the WCAB
LexisNexis recently published an article entitled “California: Rules for Hearing Representatives,” which gave a brief synopsis of 8 Cal. Code Reg. § 10773 and 8 Cal. Code Reg. § 10774.5…. read more »
Angelotti/Lien Activation Fee Update
On Monday November 9, 2015, the injunction on the activation fee was lifted, giving non-exempt lien claimants until 11:59 P.M. on December 31, 2015 to pay the $100 activation fee… read more »
When Should a Provider or Lien Claimant Report Misconduct to the Audit Unit?
“Insurers, self-insured employers and third-party administrators shall deal fairly and in good faith with all claimants, including lien claimants.” (Labor Code § 10109(e)) Good faith can be defined as honesty… read more »
Boehm Meets with Success in IBR and Post-IBR Appeals Before the WCAB
As a result of SB863, the workers’ compensation system for reimbursement of medical treatment bills underwent fundamental and extensive change. Independent Bill Review (“IBR”) was established under this legislation as… read more »