Calif Edition Banner March 2010
Vol 1, Issue 26

Find Solutions & Strategies                                  June 7, 2010

Medical Treatment Access in California 
Review and commentary by the
California Society of Industrial Medicine and Surgery
In This Issue
* FEATURED ARTICLE: medical treatment access
* EN BANCS: rating, rule 30
* PANEL DECISIONS: suicide, petition to compel attendance at medical exam
* PANEL DECISIONS REPORTER: $159/yr. special offer
* BLOG ROUND UP: fraud, CCCs, AWW, ex parte communication, longshore
* NEWS HEADLINES: fee schedule, premium volume, check mix up, cancer presumption
* CALIFORNIA TOP CASES: 2 new en bancs
* ARCHIVES: view past eNewsletters

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
Last Thursday the WCAB treated us to a double-header of en bancs. See box to the right.
A new feature due to popular demand: Take a deep dive into our eNewsletter archive. See links at end of this issue.
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
Quick Links
WCJ Roster (updated 4/27/10)
EAMS Blogs Index (updated 4/30/2010)
Impairment Guides Resource Center (formerly AMA Guides Resource Center)
Videocast of the Week

What will the Medicare Secondary Payer reporting requirements look like once they finally go into effect?   

Marc Gaffrey 

Listen to Marc S. Gaffrey, a partner with Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick, N.J.

Web Poll Final Results
As a workers' comp professional, do you use social media sites (LinkedIn, Facebook, Twitter, MySpace, etc.) to help you with your work?
  • Never - 11%
  • Rarely - 22%
  • Sometimes - 56%
  • Frequently - 11%


"Access, Quality and Outcomes of Health Care in the California Workers' Compensation System - 2008" Prepared by The School of Public Health, University of Washington

A Review and Commentary Presented by The California Society of Industrial Medicine and Surgery
CSIMS logoCSIMS reviews the Calif. DWC's latest medical treatment access study as a catalyst for action by the Division to publicly analyze all the data presented by University of Washington and more important, as a catalyst for sure, efficient and swift steps to bolster fundamental and costly access issues that had already begun to manifest in the workers sampled for this study who were injured between June 2007 and April 2008.  The results of this study - released a month ago, on May 11, 2010 after being delivered to the DWC in 2009 - describe access issues that began between 18 and 24 months ago. Read it.
WCAB en bancs: rating protocols, rule 30 qme procedures
Shaw JacobsmeyerCalifornia WCAB Issues En Banc Guidelines on Rating Protocols, by Richard Jacobsmeyer. Read it.
Shaw JacobsmeyerCalifornia WCAB Holds Rule 30 Limitation on Defendant's Obtaining QME Report Invalid, by Richard Jacobsmeyer. Read it.
Goldman Magdalin KrikesMendoza En Banc Decision Makes Fundamental Change to Initial QME Procedures in Denied Claims, by Goldman, Magdalin & Krikes, LLP. Read it.
recent panel decisions - sneak preview
Each week we report 2 to 3 recent panel decisions that we're considering for the LexisNexis® services:
Suicide; Irresistible Impulse. General maintenance worker with admitted industrial injury to his back/hernia died as a result of an irresistible impulse and did not willfully and deliberately cause his own death, when medical expert opinion indicated decedent's suicide resulted from deteriorated mental and emotional state stemming from industrial injury and resulting chronic pain, and irresistible impulse was likely hastened and facilitated by pain medications for his injury. See Sisic panel decision.

Petition to Compel Attendance at Medical Exam. WCAB granted applicant's petition for removal and rescinded WCJ's Order compelling applicant to attend re-evaluation with panel QME, finding significant prejudice per se to applicant, when defendant filed petition to compel attendance at medical exam on a "walk-through basis," but petition lacked proof of service showing service on applicant (8 CCR 10280(d)(2)(C)), and proposed order was not framed as a notice of intention nor did it contain a self-destruct clause (8 CCR 10280(i), 10349). See Amaya panel decision.

NPD reporter banner

NEW! Designed especially for Lexis subscribers, this new monthly reporter saves you research time so that you can quickly find recent panel decisions on key topics.

We do the legwork for you:
Our editorial consultants pour through hundreds of cases to find noteworthy decisions that you should know about.
What you get each month: Brief summaries of typically 40 to 65 cases, arranged by topic. Commentary articles written by guest contributors.
How you'll get it: (1) Web version*, which allows Lexis subscribers to link directly to the WCAB decisions on; and (2) Print version, which can be stored in a binder.
View sample web version: Click here
What it costs: Regular price - $199/yr. Special Limited Time Offer for eNewsletter subscribers - $159 for the first year's subscription. Offer expires 12/31/2010.
Pre-orders: Contact 
First issue begins in June 2010.
* Each web issue accessible for up to a year 
P2548 CA WC HotDocs
Order the Forms
P1432 book cover
Order Today
Top 25 Blogs 2009
View the Honorees
80283 cover
Order Today
Fraud SignWorkers' Comp  Fraud Blotter 6/3/2010 - recent arrests, charges, convictions, investigations. Read it.  
Cal Comp CasesCal. Comp. Cases May Advanced Postings 6/2/2010. Permanent disability; AMA Guides. Serious & Willful Misconduct. Apportionment. PD Rating.  Read it
Drop in California Average Weekly Wage Means No Change in Some Workers' Comp Benefits in 2011
, by California Workers' Compensation Institute. Read it
Goldman Magdalin KrikesAlvarez Decision Emphasizes Importance of NEVER Communicating Ex Parte with QME, by Goldman, Magdalin & Krikes LLP. Read it.
BRBS logo2010 Annual Longshore Conference - A Recap of Conference Highlights, by Ralph R. Lorberbaum. Read it.
news headlines
> CA: Former City & County of San Francisco Claims Examiner Arrested for Fraudulently Spending Public Money
> CA: DWC Adjusts DMEPOS Section of Official Medical Fee Schedule
> CA: WCAB Issues En Banc on WPI and Formal PD Rating Instructions
> CA: WCAB En Banc Says Rule 30(d)(3) Invalid
> CA: Salinas Chiropractor Arrested for Alleged Workers' Comp Fraud
> CA: Calif. Workers' Comp Premium Volume Declines for Fifth Year in a Row
> CA: Workers' Comp Insurer Had No Duty to Notify Bank That Issued Check Was Genuine
> CA: Assembly Passes Public Safety Cancer Presumption Bill
california top cases
California Top Cases (updated 6/4/2010), powered by Cal. Comp. Cases
> Blackledge v. Bank of America (WCAB en banc)
> Mendoza v. Huntington Hospital (WCAB en banc)
enewsletter archives
Take a deep dive into our past eNewsletters for 2010...warning - some links to articles may not any linking problems to

June 1, 2010

May 24, 2010

May 17, 2010

May 10, 2010

May 3, 2010

April 26, 2010

April 19, 2010

April 12, 2010

April 5, 2010

March 29, 2010

March 22, 2010

March 15, 2010

March 8, 2010

March 1, 2010

February 22, 2010

February 16, 2010

February 9, 2010

February 2, 2010

January 26, 2010 

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