In Cubedo v. Leemar Enterprises, Inc. (ADJ7014822), 2011 Cal. Wrk. Comp. P.D. LEXIS 356 (WCAB panel decision), Defendant sought reconsideration of the WCJ's award of temporary total disability benefits to Applicant who suffered an admitted industrial spine injury while employed by Defendant as a cashier. In challenging the temporary disability award, Defendant alleged that Applicant was medically eligible to work in a modified capacity during the period for which she was awarded temporary total disability benefits, but could not accept modified work solely because of her undocumented work status. Defendant contended, in relevant portion, that by awarding temporary total disability benefits to Applicant, an illegal resident, the WCJ violated the Equal Protection Clause of the 14th Amendment to the United States Constitution. > Read more.

Reminder: Practitioner should check the subsequent history of a panel decision before citing to it.

Medical Treatment; Utilization Review. WCAB rescinded WCJ's finding that applicant/driver/garbage collector who incurred admitted industrial right knee injury and alleged left knee injury during period 2/3/2010 to 2/3/2011, was entitled to right knee arthroscopy chondroplasty as proposed by treating physician, and remanded matter to trial level to allow applicant opportunity to pursue Labor Code � 4062 process to challenge defendant's UR denial of surgical procedure, when WCAB held that, although an injured worker who does not object to a UR decision denying authorization for requested medical treatment may choose not to invoke Labor Code �� 4062.1 or 4062.2 dispute resolution provisions and may accept UR decision, Labor Code � 4610(g)(3)(A) requires that an injured worker's objection to a UR denial of authorization of requested medical treatment be resolved under Labor Code � 4062, which in turn requires that medical evaluation be conducted as described in Labor Code �� 4062.1 or 4062.2, depending upon whether or not worker is represented, and that applicant in this case, who was represented, did not follow Labor Code � 4062 process as required and instead improperly proceeded directly to an expedited hearing to challenge defendant's UR denial. See Willis panel decision. 

Workers' Comp Executive:

FLASH: Supreme Court Denies Review in Ogilvie Case. 
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Other News:

July 11, 2011: QME Regulations: Face to Face Meetings.

July 5, 2011: PQME Supplemental Reports.

June 20, 2011: Sanctions: Three-Cent Dispute.

June 13, 2011: A Balanced Approach to Litigation.

June 6, 2011: Post-Valdez Defense Protocols.

May 31, 2011: Stress-Related Compensable Consequence Injuries.

May 23, 2011: Developing the Record.

May 16, 2011: Overpayments.

May 9, 2011: Third Party Cases.

May 2, 2011: Temporary Total Disability.

April 25, 2011: Non-MPN Physician Reports.

April 18, 2011: 2011 Alphabet Soup.

April 11, 2011: Rule 38 and Medical Examiner Reports.

April 4, 2011: Penalties Post SB-899.

March 21, 2011: Workers' Comp and Earthquakes.

March 7, 2011: Mediation.

February 28, 2011: Arbitrations.