How to avoid the shock of a notice of intent to sanction

A party usually files a Petition for Reconsideration with the hope that their argument will be accepted and that the trial level determination will be reversed by the WCAB. It is always a bit of a shock when a Petitioner finds a Notice of Intent to Sanction in their mail instead. Set forth below are some helpful hints to avoid that unwelcome surprise when filing Petitions for Reconsideration with the WCAB. The case of Prisk v. Los Angeles Unified School District is a cornucopia of examples illustrating what a party should NOT do in a Petition for Reconsideration...read more.

The UR process requires a good faith effort by both the treating physician and UR physician to assure that the necessary and appropriate information is available

In Smith v. Plant Construction, 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel rescinded the WCJ's award of medical treatment to the applicant with a 6/2/2007 industrial injury to his left shoulder, lumbar spine and left knee based on his findings that the defendant's 1/29/2014 UR contained material procedural defects and that substantial medical evidence supported the need for left shoulder surgery and other modalities of treatment related to surgery. Here, the treating physician's request for authorization for treatment did not include information regarding... read more.