Calif Edition Banner March 2010
Vol 1, Issue 35

Find Solutions & Strategies                               August 9, 2010

Ex Parte Communication
Applicant's emergency phone call to QME for psychiatric advice found acceptable
In This Issue
* PANEL DECISIONS: Ex parte communications; Sanctions
* PANEL DECISIONS REPORTER: $159/yr. special offer
* NEWS HEADLINES: WCIRB says 30 point rate increase
* BLOG ROUND UP: fraud, CCCs
* CALIF. TOP CASES: Trimas Corp. v. WCAB
* ARCHIVES: view past eNewsletters

A Note From the Editor

Robin Kobayashi
Dear WC Professionals:
I'm on the road this week attending an annual editorial board meeting with our LexisNexis workers' comp consultants. I'll respond to any newsletter inquiries on Thursday.
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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Medical-Legal Procedure; Qualified Medical Evaluators; Ex Parte Communications. WCAB, denying defendant's petition for removal in a majority decision, held that applicant who incurred industrial wrist injury and claimed psychiatric injury, did not violate LC 4062.3 so as to justify striking QME reports, when WCAB found that applicant's phone call to QME seeking emergency psychiatric advice six weeks after QME had examined applicant for the second time did not constitute an ex parte communication prohibited by LC 4062.3, because phone call was close enough in time and subject matter to find that it occurred in course of second examination, QME revealed communication in her report issued within two weeks of communication, and defendant had opportunity to cross-examine QME on significance of communication. © Copyright 2010 LexisNexis. All rights reserved. Read the Koenig panel decision.


Sanctions; WCJ's Authority. WCAB granted defendant's petition for removal and rescinded WCJ's order directing defendant to show cause as to why LC 5813 sanction should not be imposed for claims adjuster's refusal to comply with order compelling adjuster's attendance at an MSC, when WCAB found that, while WCJ had authority under LC 5310 to order claims adjuster to appear at MSC, WCJ exceeded authority by ordering defendant to justify claims adjuster's failure to appear at MSC on 90 minutes notice at a WCAB district office nearly 50 miles away, as such failure to appear did not constitute "bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay" so as to justify award of sanctions LC 5813. © Copyright 2010 LexisNexis. All rights reserved. Read the Henkel panel decision.

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> CA: DWC Medical Unit Clears Qualified Medical Evaluator Panel Request Backlog
> CA: SCIF Wins Several Awards for Communication and Outreach
> CA: WCIRB Violates Open-Access Agreement with Department
> CA: DWC Announces Physician Fee Schedule Stakeholder Meeting
> CA: Judge Grants Certification in Newspaper Carrier Misclassification SuitCPCU Society Warns Employers to Become More Proactive to Combat Soaring Workers' Comp Costs
> Prescription Drug Monitoring Compact Nears Completion
> CorVel Posts 2Q Revenue and Earnings
> Workers' Comp Insurers Seek Texting Bans to Prevent Work-Related Car Accidents
> American Financial Group Posts 2Q and Six Month Results
> Old Republic and PMA Capital Report on Status of Their Merger
> Crime Stoppers USA and NICB Partner to Fight Insurance Crime
> York Risk Services Group, Inc. Acquires Great Western Administrators, Inc.

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Fraud SignWorkers' Comp  Fraud Blotter 8/5/2010 - recent arrests, charges, convictions, investigations. Read it.        

Cal Comp CasesCal. Comp. Cases August Advanced Postings 8/5/2010. S&W Misconduct. PD Rating. Injury AOE/COE. Stipulations; Setting Aside.  Read it.  
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Utilization Review; Objection to Utilization Review Determinations; Timeliness. Court of Appeal, denying defendant's petition for writ of error, held that parties, pursuant to Labor Code § 4062(a)'s "by mutual agreement" provision, correctly engaged in resolution of dispute stemming from utilization review determination that neurosurgical consult requested by agreed medical evaluator was not medically necessary, when Court of Appeal found that defendant, by questioning agreed medical evaluator on deposition long after expiration of 20-day period specified by Labor Code § 4062(a) for objecting to utilization review determinations, indicated its agreement to submit matter to WCAB; Court of Appeal held that defendant had waived defense of applicant's failure to timely object to utilization review determination, pursuant to Labor Code § 4062(a), by raising defense for first time in its petition for reconsideration. © Copyright 2010 LexisNexis. All rights reserved. See Trimas Corp. v. W.C.A.B. (Rendon).

enewsletter archives
Take a deep dive into our past eNewsletters for 2010...warning - some links to articles may not any linking problems to
August 2, 2010
July 12, 2010
July 6, 2010
June 28, 2010
June 21, 2010
June 14, 2010
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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