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Published November 22, 2019
3rd District Court of Appeal ruling in Meadowbrook Ins. Co. v. WCAB addresses timeliness of EOR and subsequent jurisdiction.
The 3rd District Court of Appeal issued a ruling in Meadowbrook Ins. Co. v. WCAB [link below] that an interpreter bill for med-legal services will be barred if the provider does not seek a second review following denial by the defendant’s EOR under the IBR/non-IBR process located in LC4603.2(e).
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Published November 22, 2019
Paul Zayat Obtains Order of Dismissal in Disputed Lung Cancer Case
Congratulations to Paul Zayat of the El Segundo office on obtaining an order of dismissal on a disputed lung cancer case! Ultimately the applicant relented and dismissed her case. At issue, should the PTP report have prevailed at trial, was 2 years of TTD, medical care, permanent disability and future medical care related to lung cancer.
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Published October 16, 2019
Yan Falkinstein Earns a Take Nothing After Vigorous Cross-Examination
Congratulations to Yan Falkinstein of our San Fernando Valley office on a hard-earned Take Nothing! Ultimately Yan was able to prove to the satisfaction of the court that the filing was based upon clerical error of the PTP’s office and there was no factual or medical evidence to support the allegation, but in the alternative the Statute of Limitations would apply.
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SRTKMojis
Thought of the Day
“Have no fear of perfection, you’ll never reach it.” ~ Salvador Dali
Breaking News! -
Published November 26, 2019
Southern California Surgeon Sentenced to 30 Months For Kickbacks Scheme
Dr. Daniel Capen, a spinal surgeon in Huntington Beach, CA, was sentenced on Friday to 30 months in federal prison for conspiring to commit honest services fraud. He had received at least $5 million in kickbacks for performing surgeries at Pacific Hospital of Long Beach in a scheme coordinated by former Pacific Hospital owner Michael Drobot, and for referring patients for other medical services.
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Published November 15, 2019
WCAB en banc Decision in Colamonico v. Secure Transportation Places Burden of Proof on Lien Claimant/Provider
The WCAB has held en banc in Colamonico v. Secure Transportation that it is the lien claimant/provider’s (in this case a photocopy service) burden to prove that its services were both reasonable and necessary and that the defendant’s failure to cite reasonableness or necessity in its objection to a med-legal bill doesn’t act as waiver of those defenses at the time of the lien conference.
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Published November 6, 2019
Vocational School Owner Charged with Workers’ Compensation Fraud
The owner of San Jose-based Advanced Vocational Institute (AVi), Rashad Said, has been charged with 11 felony counts involving workers’ comp fraud and kickbacks. Said, a former member of the San Jose Regional Workforce Development Board, is accused of illegally diverting over $650,000 in workers’ compensation insurance funds.
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