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| Attn: Risk Managers, Insurance & HR Professionals, Attorneys |
50 State Legislation for 2014
Expert Analysis & Commentary
Larson's on Interesting Cases
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| the cannon case: permanent objective medical diagnosis |
By Robert G. Rassp, Esq.
 Throughout the years, since the enactment of SB 899, all of the guidebooks have directed physicians and attorneys to focus on permanent objective medical conditions in order to determine whether that condition is ratable under the AMA Guides. Some people interpret the AMA Guides to stand for the proposition that if a medical condition does not have permanent objective medical findings, then it cannot be rated at all. It took only 10 years for the appellate courts to tell us that this proposition is wrong. In January 2014, the Court of Appeal, Third Appellate District, issued its published decision in City of Sacramento v. Workers' Comp. Appeals Bd. (Cannon) indicating two important points that apply in our cases. The first point is...read more.
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UR: 12-month bar to resubmission of rfa |
WCAB finds in absence of changed circumstances, UR decision was valid for 12 months
In Reyes v. Target, Inc., the WCAB panel affirmed the WCJ's finding that the applicant, who suffered an admitted industrial injury to her spine, right upper extremity and psyche, and claimed diabetes, hypertension and sleep disorder, during the period 9/4/85 through 3/30/2010, was barred under LC 4610(g)(6) from litigating a 6/17/2014 utilization review denial of her primary treating physician's request for home care...read more. |
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ur determination: 24-hr extension of time |
WCAB finds UR untimely and defendant did not communicate UR determination initially by phone, fax or email
In Rivera v. Valley Radiology, the WCAB panel affirmed the WCJ's finding that the applicant, who sustained an admitted industrial injury to her low back on 8/27/2010, was in need of further medical treatment in the form of acupuncture and medications as prescribed by her primary treating physician, Norman Kahan, M.D...read more. |
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medical lien discovery; in camera review |
WCAB provides guidance on the discovery of corporate and financial documents and the right of privacy
In Garcia v. Arun Enterprises dba Subway, a WCAB panel, granting the defendant's petition for removal, reversed the WCJ's order and held that the WCAB had jurisdiction over (1) the issue of whether the lien claimant violated a ban on the corporate practice of medicine and whether such violation was a defense against the liability for the lien claimant's lien, and (2) the discovery of the financial/business relationships between...read more. |
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The Cannon Case: Permanent Objective Medical Diagnosis
