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Workers' Compensation Bulletins and Alerts

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 (COLA’s) to total permanent disability and life pension […]

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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 we reported earlier, this WCAB En Banc decision had […]

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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, […]

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WCAB En Banc Decision Rules Medical Reports From Non-MPN Physicians Are Inadmissible

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 Demo Services, declaring that the medical […]

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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 Fund.i Please note that en banc decisions are […]

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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 dates of injury occurring on or after […]

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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 Panel […]

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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, the actual guidelines span some 127 pages with an […]

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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 issue of specific care, is that action […]

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WCAB Decisions in Almaraz/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 what they did back in February, but […]

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