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  • Blog Icon 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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  • Blog Icon Published October 16, 2019

    Southern California Doctor Sentenced to Two Years Over Kickbacks

    Dr. Timothy J. Hunt has been ordered to serve two years in federal prison and will forfeit $3 million after admitting to taking over $1.5 million in illegal kickbacks from Pacific Hospital of Long Beach over a five year period.

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  • Blog Icon Published August 27, 2019

    Workers’ Comp Case in New Hampshire Involving Opioids Comes Down to Employee’s Intentional Ingestion of Drugs

    In a workers’ comp case involving opioids in New Hampshire, the NH Disability Rights Center and its insurer faced an argument that “where a work-related injury leads to addiction or substance abuse, that death is compensable.” The New Hampshire Supreme Court affirmed the CAB ruling to deny benefits based on the employee’s actions.

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  • Blog Icon Published December 11, 2018

    Appellate Court Confirms Change in Apportionment Law

    The First Appellate District Court of Appeals has reversed the Workers’ Compensation Appeals Board (WCAB)’s decision on a high profile apportionment case, finding the WCAB was not applying the correct standard for apportionment under Labor Code Section 4663 to nonindustrial factors of impairment.

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  • Blog Icon Published March 6, 2018

    Court of Appeals Limits Temporary Disability Award Length

    The Court of Appeals issued a decision today in the case of Kyle Pike vs County of San Diego. The decision found that, for dates of injury after January 1st, 2008, there can be no temporary disability awarded more than 5 years after the injury.

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  • Blog Icon Published June 21, 2017

    Criminal Medical Providers and Their Liens

    In 2012, the Legislature enacted SB 863 in order to thwart the longstanding lien crisis and achieve the Constitutional goals of the workers’ compensation system. Although the quest to eradicate ancient liens by establishing time limits and the requirements for payment of activation and filing fees, the beneficial results were short-lived.

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  • Blog Icon Published March 20, 2017

    Supreme Court Won’t Decide Whether MPN Doctors’ Opinions Are Subject to UR/IMR

    The California Supreme Court has declined a request for review of the Workers’ Compensation Appeals Board’s (WCAB) decision in Parrent v. SBC-Pacific Bell Telephone Company.

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  • Blog Icon Published February 22, 2017

    Defending a Second Panel Obtained By Filing a Cumulative Trauma Claim

    The Workers’ Compensation Appeals Board recently issued its decision in Feige v State of California 2017 Cal. Wrk. Comp. P.D. LEXIS 10.

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  • Blog Icon Published February 21, 2017

    Recent Noteworthy Panel Decisions

    Recent Noteworthy Panel Decisions (NPDs) involving the determination of an applicant’s official date of injury and the statute of limitations as well as who is liable for the applicant’s injury.

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  • Blog Icon Published December 22, 2016

    Addressing Fraud with New Legislation – SB 1160 and AB 1244

    Numerous efforts were undertaken in years past to eliminate fraud from the workers’ compensation system.

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  • Blog Icon Published October 23, 2016

    Claims & Lost Wages – LC §132a

    In the case of Victoria Lacheta v. Olympic Security Services (2014 Cal. Wrk. Comp. P.D. LEXIS 324), applicant prevailed in her wrongful termination claim against her employer; however, she failed to sustain her burden of entitlement to lost wages six years after the initial Findings and Award. This case poses two questions: (1) Does the … Continued

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  • Blog Icon Published October 23, 2016

    Psychiatric injuries and Mental-physical injuries – LC §3208.3:

    In Stolp v. California Department of Developmental Services 2015 Cal.Wrk.Comp. P.D. LEXIS 508, the WCAB affirmed the WCJ’s finding that the applicant peace officer’s claim for cumulative psychiatric and cardiovascular injury was barred by the lawful, good-faith, nondiscriminatory personnel action defense under LC 3208.3 and pursuant to the analysis in Rolda.

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  • Blog Icon Published March 21, 2016

    Regulations for 2016

    In 2015, the Office of Administrative Law or (“OAL”) approved the Division of Workers Compensation (“DWC”) regulations regarding benefit notices including the DWC-1 Form/NOPE and posting notices.  The amended regulations pertain to benefit notices under Title 8 of the California Code of Regulations, §§9810, 9811, 9812, 9813, 9814, 9881.1, and 10139.  These new regulations apply … Continued

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