The California Workers’ Compensation Institute has filed an amicus brief with the 4th District Court of Appeal arguing that the California Workers’ Compensation Appeals Board (WCAB) “judicially rewrote” a statutory cap on temporary disability duration when it awarded benefits to an injured worker more than five years after the injury occurred.
All workers’ compensation practitioners know that they must conduct the proper due diligence and research to build a credible and legitimate case. Recent Noteworthy Panel Decisions (NPDs) can expose practitioner flaws as well as shed light on how to properly build and defend a case.
Note that you can’t automatically obtain a replacement panel when a supplemental report by the QME is late. The court will consider: the length of the delay; the prejudice of the party subject to the delay; the efforts made to remedy the delay; the specific facts, including a potential for waiver of the objecting party; and the constitutional mandate for expeditious determination of the controversy.
The Division of Workers’ Compensation (DWC) announced that it has suspended 12 more medical providers from the state’s workers’ compensation system. Nine of these providers were suspended for fraud or criminal actions, while three were suspended for administrative reasons. These suspensions bring the total number of medical providers suspended in California this year to 85. The following providers were suspended: Paul … Continued
The Division of Workers’ Compensation (DWC) announced that it has suspended another 21 medical providers from the state’s workers’ compensation system. A total of 73 medical providers have been suspended in California this year.
On September 14, 2017, 1200 Petitions for Reconsideration were filed by and through lien claimant Maximum Medical. These Petitions requested reconsideration of the enforcement of new lien assignment statutes, challenging an administrative action in the DWC’s Electronic Adjudication Management System (EAMS) that would have resulted in the automatic dismissal of liens due to an alleged failure to timely file declarations. The Appeals Board has consolidated the cases in its decision.