CA Stipulation Filed in Lien-Fee Lawsuit

The lawsuit formulated by a group of service providers who are challenging the constitutionality of the lien-activation fee by Senate Bill 863 have agreed to dismiss Gov. Jerry Brown and Attorney General Kamala Harris from the lawsuit in exchange to keep the lawsuit within the U.S. District Court for the Central District of California. The […]

Lawsuit Alleges Lien Activation Fee Unconstitutional

A group of medical and ancillary service providers have filed a lawsuit with the U.S. District Court for Central California to enjoin the state from dismissing liens for which the $100 activation fee has not been paid. Here are the highlights of the lawsuit: 1) Enforcement of the lien activation fee constitutes a taking of […]

WCAB Issues 15-day Notice Targeting Physicians’ Report Writing

The Workers’ Compensation Appeals Board (WCAB) issued a 15-day notice of the proposed amendments to its Rules of Practice and Procedure, including regulations of the Physicians’ Report as Evidence (Regs) on July 9, 2013; you have until July 25, 2013 to submit comments to the WCAB. What does this mean to your Med-Legal Practice? Get […]

NHL Join NFL Players is Filing California Workers’ Compensation Claims

Several current and former sports players have filed lawsuits against the NHL and NFL for negligent and fraudulent actions regarding the research, handling, and treatment of concussions. The players allege that repeated concussions caused them to have current memory loss, depression, and even degenerative brain disease. The NFL is attempting to have the lawsuits both […]

1/1/2013 CA DWC Requires Work Capacity Exam for PTP, QME & AME

A “Physician’s Return-to-Work & Voucher Report” or the DWC AD 10133.36 is a mandatory form that needs to be filled out by the first physician (Primary Treating physician, Panel Qualified Medical Examiner or Agreed Medical Examiner) who finds the that the disability from all conditions has become permanent and stationary and finds that the injury […]

New California Work Comp Reform SB863

Senate Bill 863 was passed on Aug. 31, 2012 and was signed into law by Governor Brown on Sept. 18, 2012. The bill makes wide-ranging changes to California’s workers’ compensation system, including increased benefits to injured workers and cost-saving efficiencies. The bill takes effect on Jan. 1, 2013, although not all of its provisions will […]

AB 2346 Farm Workers Sue Employers for Cal/OSHA Violations

Assemblywoman Betsy Butler (D-El Segundo) has just introduced a bill she says will add teeth to the current California heat illness regulations. It will allow farm workers to sue their employers if they allege the employers don’t comply with Cal/OSHA Regulations. Sponsored by the United Farm Workers, AB 2346 — The Farm Worker Safety Act […]

Are you selecting 100% permanent disability?

Every applicant attorney understands the importance of selecting the PTP, QME or AME for optimal patient care and a fair impairment rating. However, only a preferred group of attorneys select Functional Capacity Evaluation (FCE) experts to identify applicant abilities and limitations. The Functional Capacity Evaluation (FCE) by Medical Legal Experts Inc. provides the “facts” needed […]

The Baldridge Case: 100% Disability Rating

An interesting WCAB decision allowed 100% disability based on a 45% WPI orthopedic rating, a psychological PRDS of 23%, and an expert outlining significant work restrictions. However, the defense missed arguing the lack of objective testing of the work recommendations. As the decision stands, applicants can qualify for 100% disability based on significant orthopedic impairment […]

Sweeney Appointed to California Workers’ Compensation Appeals Board

Applicant attorney Marguerite Sweeney is getting a seat on the Workers’ Compensation Appeals Board (WCAB). A well respected applicant attorney, Sweeney successfully argued on behalf of injured worker Brice Sandhagen in a pivotal case before the California Supreme Court (State Compensation Insurance Fund v. Workers’ Compensation Appeals Board and Brice Sandhagen). An important case in […]