opioid medications in the treatment of injured workers |
Can opioid treatment guidelines prevent tragic deaths of injured workers addicted to and/or misusing opioids?
According to DIR Director Christine Baker, "opioid misuse is a national concern". As a result of this "misuse", the DWC recently posted proposed "Guidelines for the Use of Opioids to Treat Work Related Injuries". Presently, the Medical Treatment Utilization Schedule addresses the use of opioids in the Chronic Pain Medical Treatment Guidelines. The idea is to remove this section and create a new guideline that consists of four separate parts. The new regulations adopting the use of these guidelines will be found in the California Code of Regulations, title 8, section 9792.24.4. These guidelines are...read more. |
applicant's attorney's right to a 5814.5 fee |
The WCAB explains why a 5814.5 fee should be awarded where a 5814 penalty is found
In Juarez v. Watkins Manufacturing Corporation, 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, having previously issued a Notice of Intention (NIT) to award attorney's fees [see Juarez v. Watkins Manufacturing Corporation, 2014 Cal. Wrk. Comp. P.D. LEXIS 322 (Appeals Board noteworthy panel decision)], rescinded the WCJ's finding that there was no basis to award attorney's fees and returned the matter to the WCJ for an award of fees pursuant to LC 5814.5. The WCJ previously awarded the applicant a 10 percent penalty under LC 5814 against unreasonably delayed compensation but...read more. |
75 percent of injured workers get opioids, but don't get opioid management services |
Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.

Two new studies published by Workers' Compensation Research Institute show that on average three out of four injured workers in the United States receive opioid prescriptions for pain relief following workplace injuries and that generally, even when opioids are prescribed over an extended period of time, the injured workers rarely receive services commonly recommended for chronic opioid management, such as urine drug testing, psychological and psychiatric evaluation, and physical therapy and exercises...read more. |