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judges and jurisdiction: where to draw the line |
 The primary purpose of the newly created Independent Medical Review process is to review medical treatment disputes and issue determinations. SB863 added LC §4610.6(i) to the Labor Code, which states in pertinent part, "In no event shall a workers' compensation administrative law judge, the appeals board, or any higher court make a determination of medical necessity contrary to the determination of the independent medical review organization." Therefore, it was initially assumed that the WCAB would no longer be involved in the MT dispute resolution process. However, it now appears that there may be situations where Workers' Compensation Judges do have jurisdiction over this issue and where WCAB intervention may be appropriate. See 8 CCR §10451.2(c)(1) and WCAB en banc decision, Dubon v. World Restoration, Inc; SCIF...read more.
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| workers memorial day: honoring the dead as we fight for the living |
Karen C. Yotis, Esq., our Feature Resident Columnist, provides insights into workplace issues and the nuts and bolts of the workers' comp world.
 The key talking points for journalists and speechwriters in the AFL-CIO Workers Memorial Day 2014 Toolkit begin with this hardly-even-banal lead remark: "Each Year on Workers Memorial Day, working people throughout the world remember those who were hurt or killed on the job, and renew our struggle for safe workplaces." Forgive me for being underwhelmed. Workers Memorial Day has been an annual observance since 1989, and April 28, 2014 will be no exception. Throughout the nation, we will hear somber speeches. Bells will toll. And more workers will die. Deciding to step away from the somewhat disquieting ceremonial cacophony, my colleague Robin E. Kobayashi and I chose instead to go after some straight talk about death on the job from a few thought leaders in the workplace safety arena....and we asked this question: Has worker safety improved at all during the past year?...read more.
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Judges and Jurisdiction 
