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WCAB issues new, modified decision in dubon |
The takeaway from Dubon II is clear: UR needs to be timely!
By Richard M. Jacobsmeyer, Esq.
 The divided W.C.A.B. has issued its long awaited en banc decision to the defendant's appeal in Dubon v World Restoration and substantially modified its prior en banc holding to limit the ability of the W.C.A.B. to decide medical issues only in cases where UR is untimely. In doing so the W.C.A.B. completely retracted its prior holding that UR decisions which were "procedurally deficient" were subject to W.C.A.B. jurisdiction to address medical issues. In reversing itself, the W.C.A.B. effectively disagreed with its own rule ADR 10451.2 to the extent it made such procedural issues the subject of W.C.A.B. review...read more.
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crocodile wrestling |
New Commissioner Zalewski managed to flip three Commissioners who had previously joined in Dubon I
By Julius Young, Esq.
 At a recent workers' comp conference in Southern California, WCAB Commissioner Kathy Zalewski noted that the WCAB commissioners had been doing a bit of "crocodile wrestling" over Dubon. I've seen crocodile wrestling in Thailand, and it often features a trainer with a stick, prodding a crocodile that looks either well-fed or drugged into docile status. The mental image of crocodile wrestling most of us have is quite vivid, however. Gnashing of big teeth and claws. Vicious tail whipping. Brutal body slamming. Oh to have been a fly on the wall during the recent WCAB deliberations over Dubon!...read more.
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calif. undocumented worker case appealed to u.s. supreme court |
Sierra Chemical v. Salas: Sierra Chemical has filed a petition for writ of certiorari in which it asks SCOTUS to determine "whether and to what extent a State law authorizing a 'wrongful failure to hire' discrimination action by a person not legally entitled to work in the United States conflicts with and/or is an obstacle to federal immigration policy." You can read all about it at StraightTalkonInsurance.com. |
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premium rate ranking: calif. rates highest |
 The Oregon Dept. of Consumer and Business Services (DCBS) has finally released the 2014 Oregon Workers' Compensation Premium Rate Ranking Summary. The study describes, for a comparable mix of industries, the relative cost of workers' compensation rates across the country including D.C. According to the DCBS, for 2014, the national median index rate declined to an all-time low of $1.85 per $100 of payroll, and index rates varied from a low of $0.88 in North Dakota to a high of $3.48 in California. The top 10 states with the highest rates in the nation are: (1) California; (2) Connecticut; (3) New Jersey; (4) New York; (5) Alaska; (6) Oklahoma; (7) Illinois; (8) Vermont; (9) Delaware; (10) Louisiana. Read the complete summary.
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WCAB Issues Modified Decision in Dubon 
CWCI Study Examines Potential Impact of a Drug Formulary in California Workers' Comp. 