Writ denied decisions have held that a health care provider is not bound by the Official Medical Fee Schedule when the injured employee's claim has been denied. See CNA Insurance Companies v. WCAB (Valdez) 62 Cal. Comp. Cases 1145 (writ den.). Thus, many doctors say the Fee Schedule doesn't apply to them, citing Valdez. A new WCAB split panel decision in Rodiguez, however, repudiates Valdez. (Caveat: Commissioner Moresi concurred in Rodriguez; however, his term expires soon and he will not seek reappointment.) This noteworthy panel decision will soon be added to the LexisNexis Services.  

Liens; Medical Treatment; Official Medical Fee Schedule. WCAB, rescinding WCJ's order in split panel opinion, held that Official Medical Fee Schedule rates were applicable to treatment charges incurred by lien claimant Permanente Medical Group/Kaiser Foundation Hospitals for treatment provided to applicant/assistant sales manager while applicant's 3/24/2009 claim for industrial injuries to his low back and in form of left inguinal hernia and femoral entrapment neuropathy was denied by defendant, when WCAB found that...read more. 

CHSWC has posted under its February 2014 Reports the 2014 RAND report on "Identifying Permanently Disabled Workers With Disporportionate Earnings Losses for Supplemental Payments."  Read it.

The Workers' Compensation Appeals Board has issued its first published decision of 2014 with a significant panel decision* in the case of Eun Jae Kim v. B.C.D. Tofu House; Cypress Insurance Company. In this decision the WCAB addresses the question of whether an expedited hearing pursuant to Labor Code § 5502(b) can be held to compel an injured worker to treat within the employer's Medical Provider Network during the period of treatment being provided pursuant to Labor Code § 5402(b) (90 day investigation period)...read more.

By James T. Stewart, Author of Work Comp Index, 1st-9th Editions

 I have reviewed this newly published Workers' Compensation Index, 10th Edition (2014) (LexisNexis) and am pleased to report Richard Montarbo has done an excellent job updating it with case law and of course the continuing SB-863 updates and other legislation since my earlier 9th edition. I have known Richard for over 20 years and have found him to be very knowledgeable about workers' compensation claims in Calif., i.e., applicable case law, codes and regs, but also have found he understands the various "sides" of issues, rather than just the defense viewpoint. This makes him a more effective advocate, but also helps him fairly summarize case law and legislation...read more.