Vol. 5, Issue 31

Find Solutions & Strategies August 4, 2014

WCAB Imposes Difficult Standards for Overturning a UR Decision

In This Issue

* UR REVERSALS

* DRUGS IN WORKPLACE

* WCAB JOB OPENINGS

* ENRIQUEZ EN BANC (WRIT DENIED); OPIOID GUIDELINE; LHWCA SETTLEMENTS

* NEWS: Sen. Leland Yee pleads not guilty

* RASSP & HERLICK: Now completely rewritten!

* eNEWSLETTER ARCHIVES

A Note From the Editor

eNewsletter subscribers can take advantage of the big discount on registration for the National Workers' Compensation and Disability Conference, Nov. 19-21 in Las Vegas. See box below.

Join our community today. Sign up here for our free eNewsletter.

Sincerely,

Robin E. Kobayashi, J.D.

LexisNexis Legal & Professional Operations

robin.e.kobayashi@lexisnexis.com

Get firsthand insights from respected attorneys including Brad Bleakney, Lex K. Larson, Richard Lenkov, Jennifer C. Jordan, Thomas A. Robinson and many more at the National Workers' Compensation & Disability Conference^�. Plus, you'll earn CLEs just by attending.

Best of all, you get a special discount: $325.00 off the standard rate. You attend NWCDC for only $995 by registering with Promo Code LNL by Nov. 3.

wcab imposes difficult standards for overturning a ur decision

Is the Board signaling a policy decision to limit reversals of UR decisions?

The WCAB, in two recent noteworthy panel decisions, has imposed a difficult standard for applicants seeking to overturn a utilization review decision. Do these decisions signal a policy decision on the part of the Board to limit reversals of UR decisions? In the first panel decision, the WCAB, in dicta, noted that the agreed medical examiner's reports provided no citation to medical papers, studies, guidelines or other medical evidence to support the requested treatment. In the second panel decision, a pre-SB 863 case, the WCAB held that an AME or QME must state that the requested treatment is consistent with the MTUS, or if not...read more.

Date: Wednesday, August 13, 2014

Time: 2:00-3:35 p.m. ET

Duration: 95 minutes

Earn: 1.5 CLE Credits

Register here for this complimentary CLE webinar

Dale L. Deitchler, Shareholder, Littler Mendelson P.C.

Angelo Cifaldi, Shareholder, Wilentz, Goldman and Spitzer, P.A.

Renee Maxwell, SPHR, Director, Human Resources, Hansgrohe North America

Also, please join us afterwards for a live discussion on LexTalk. Be sure to register at LexTalk in advance (registration is free). Mark Walls, VP, Safety National, will be a co-moderator.

wcab seeks candidates for two staff attorney positions

The Workers' Compensation Appeals Board, Office of the Commissioners in San Francisco, seeks candidates to fill two full time permanent staff attorney vacancies: Industrial Relations Counsel II $6,347 - $8,141 salary plus benefits / Industrial Relations Counsel III $7,682 - $9,857 salary plus benefits...read more.

lexisnexis legal newsroom blogs

Court of Appeal Denies Writ of Review of Enriquez En Banc Opinion (Air Ambulance Services): Cal. Comp. Cases August Advanced Postings (7/30/2014). Lexis.com and Lexis Advance online subscribers can read it.

ACOEM Updates Guideline Regarding the Use of Opioids in Safety-Sensitive Jobs, by Teresa McLoughlin Rice, Esq. Read it.

Resolving Longshore Claims Through Settlements and Stipulations, by Yelena Zaslavskaya, Senior Attorney for Longshore, Office of Administrative Law Judges, U.S. Dept. of Labor. Read it.

california news headlines

CA: DWC Posts Ambulance Fee Schedule Changes.

CA: DWC Post IMR Process Update.

CA: WCJ Madsen's Move to Eureka Now Permanent.

CA: WCIRB Posts Agenda for Aug. 5 Actuarial Committee Meeting.

CA: WCIRB Posts Report Highlighting Medical Cost Trends.

CA: Federal Law No Bar to Enforcing Calif. Labor Laws Against Interstate Motor Carrier.

CA: Senate Committee to Hold Hearing on AB 1897 Contractor Liability.

CA: Sen. Leland Yee Pleads Not Guilty to Racketeering Charge.

U.S. House Passes Bill to Help Boatyards Save on Workers Comp Insurance.

NIOSH Provides Free Online Emergency Responder Health Monitoring, Surveillance Training.

Sixth Circuit Clarifies MSP Cause of Action Against Non-Group Health Plan.

IronHealth Develops MSA Liability Insurance Policy.

U.S. Senate Introduces Medicare Set-Aside Bill.

Rassp & herlick: completely rewritten & reorganized - 3 year overhaul finished!

We are pleased to announce that all chapters in this two-volume set on California Workers' Compensation Law are now completely rewritten and updated with the latest SB 863-related changes. Updates for customers are shipping now. Read the flyer.

Not a Rassp & Herlick subscriber yet? To order, contact Judi Dunham-Matias at 1-937-247-8179 or Judith.P.Dunham@lexisnexis.com.

enewsletter archives

Take 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.

July 28, 2014: MPN Treatment Requests Not Subject to UR/IMR.

July 21, 2014: Suspended QME and Admissibility of Medical-Legal Reports.

July 14, 2014: Accounts Receivable Purchase of Liens at Reduced Value: Trade Secret or Not?

July 7, 2014: Top 25 Noteworthy Panel Decisions January-June 2014.

CLICK HERE TO ACCESS 2010-2014 ARCHIVES.

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