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Find Solutions & Strategies January 13, 2014 |
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AMA Guides: Rating Chronic Pain Syndromes and Drug Dependency |
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New! 2014 Edition
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A Note From the Editor |

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Dear Work Comp Community:
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Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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are chronic pain syndromes and drug dependency ratable under the ama guides? if so, how? |
Robert G. Rassp, Esq., is the author of The Lawyer's Guide to the AMA Guides and California Workers' Compensation (LexisNexis) and Editor-in-Chief of Rassp & Herlick, California Workers' Compensation Law (LexisNexis).
How to Rate Chronic Pain Syndromes: "Impairment due primarily to intractable pain may greatly influence an individual's ability to function" [AMA Guides 5th Edition, Section 13.8, page 343]. To some medical practitioners, pain is the "fifth vital sign" and besides checking blood pressure, heart rate, respiration, and temperature of a patient, it is becoming common practice for physicians to also ask patients to rate themselves on a visual analog scale (VAS) for pain. Read more.
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treatment by physician terminated from medical provider network |
This noteworthy panel decision is brought to you by Rassp & Herlick, California Workers' Compensation Law, and will be added soon to the LexisNexis Services.
Medical Provider Networks; Completion of Treatment by Terminated Provider. WCAB, reversing WCJ, held that applicant/facility manager who sustained industrial injury to her neck and back on 8/8/2009, was not entitled to cervical spine surgery performed by physician who was terminated from defendant's medical provider network on 3/20/2012, notwithstanding applicant's assertion that her condition constituted "serious and chronic condition" under LC 4616.2(d)(3)(B), thereby entitling her to continued treatment with terminated provider with whom she had treated since her injury, when WCAB found that...read more.
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new study on ur imr |
New CWCI Study Looks at California Workers' Comp Medical Dispute Resolution. A new study by the California Workers' Compensation Institute estimates that workers' compensation payors' utilization review (UR) programs, which rely on evidence-based medicine, combined with the new Independent Medical Review (IMR) medical dispute resolution process, approve more than 95 percent of all medical treatment requests. Read more.
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PREORDER & SAVE 20%! Workers' Compensation Index, 10th Edition (2014) |
By Richard L. Montarbo, Esq.
(Formerly by James T. Stewart)
Books ship Jan. 17, 2014
A topical guide to California workers' comp law
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SB 863 coverage
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california news headlines |
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lexisnexis newsroom blogs |
Injury Occurring After Termination Covered by Comp. January Cal. Comp. Cases Advanced Postings. Read it.
Medicare Secondary Payer Litigation Strategies to Manage Some Very Risky Business, by Karen C. Yotis, Esq. Read it.
Medicare Secondary Payer Law: 2013 in Review, by Jennifer C. Jordan, Esq. Read it.
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mpn, cont. |
... (1) even if applicant's condition satisfied "chronic and serious condition" requirements of LC 4616.2(d)(3)(B), applicant was not entitled to continue treatment with terminated provider because applicant's treatment was not completed within 12 months of physician's termination from medical provider network as required under LC 4616.2(d)(3)(B), (2) agreed medical examiner's recommendation for approval of spinal surgery conveyed within 12-month period in LC 4616.2(d)(3)(B) did not act to suspend 12-month time limit when defendant did not approve surgery until after 12-month period had expired, and (3) after raising timely and legitimate objection to applicant's continued treatment with terminated provider, defendant acted diligently in resolving continuity of care issue prior to expiration of 12-month period so as to preclude application of doctrine of estoppel. See Dodd panel decision. |
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50 STATE WORKERS' COMP LEGISLATION & TRENDS
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