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Vol. 5, Issue 2

Find Solutions & Strategies                           January 13, 2014

Pain ChronicAMA Guides: Rating Chronic Pain Syndromes and Drug Dependency
In This Issue
* RATING CHRONIC PAIN, DRUG DEPENDENCY
* MPN: TREATMENT BY TERMINATED PROVIDER
* UR IMR STUDY
* CALIF. NEWS: Governor's budget summary 2014-15
* BLOGS: Injury After Termination, Medicare Secondary Payer
* eNEWSLETTER ARCHIVES

  

New! 2014 Edition

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A Note From the Editor

Robin Kobayashi 2010

Dear Work Comp Community:      

 

To all eNewsletter subscribers: Thank you for your support! If you haven't already signed up to receive our free eNewsletter, click here.

 

Sincerely,

Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
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).

  

Robert Rassp grayHow 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.

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 NetworkMedical 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.

new study on ur imr

CWCINew 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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california news headlines
lexisnexis newsroom blogs

Cal Comp CasesInjury Occurring After Termination Covered by Comp. January Cal. Comp. Cases Advanced Postings. Read it.

 

 

 

 

Karen YotisMedicare Secondary Payer Litigation Strategies to Manage Some Very Risky Business, by Karen C. Yotis, Esq. Read it.

 

 

 

 

Jen Jordan March 2010 thumbnailMedicare Secondary Payer Law: 2013 in Review, by Jennifer C. Jordan, Esq. Read it.

MPNmpn, 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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enewsletter archives

ArchivesTake a deep dive into our past eNewsletters for 2014 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

January 6, 2014: Top 25 Noteworthy Panel Decisions: July-Dec. 2013.
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