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Find Solutions & Strategies December 15, 2014 |
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 Stevens Writ Granted: Constitutionality of Independent Medical Review |
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A Note From the Editor |
Happy Holidays!
Our eNewsletter will return on January 5, 2015.
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Attn: Risk Managers, Insurance & HR Professionals, Attorneys |
"One of the most comprehensive collections of articles impacting the industry that I have read."
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50 State Workers' Comp Legislation
Expert Analysis & Commentary
Larson's Spotlight on Cases
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stevens writ granted |
Could the California courts finally be ready to rule on the constitutionality of Independent Medical Review? We may be on the verge of seeing that issue decided.
By Julius Young, Esq.
 On December 3, 2014, the California Court of Appeal First Appellate District Division One granted the petition for writ of review filed San Francisco attorney Joseph Waxman on behalf of Frances Stevens (the case is Frances Stevens, Petitioner, v. WCAB and Outspoken Enterprises/State Compensation Insurance Fund ADJ1526353). In June 2014 the Court of Appeal had summarily denied a petition for a writ filed by Waxman in April 2014. At that time Waxman had not exhausted his administrative remedies. Waxman did so and then refiled for the writ, which was then granted...read more.
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| a tribute to honorable neil patrick sullivan |
 Neil Patrick Sullivan, a Deputy Commissioner of the California Workers' Compensation Appeals Board (WCAB), will retire on December 30, 2014, after a brilliant 30-year legal career, the overwhelming majority of which was exclusively with the WCAB. Deputy Commissioner Sullivan is known throughout California's workers' compensation community as a preeminent scholar of compensation law. His keen intellect and analytical skills, the dexterity with which he is able to present complex issues in a precise and straightforward manner, and his capacity to craft balanced and fair resolutions to seemingly impossible disputes have caused Deputy Commissioner Sullivan to be endearingly referred to as, "The Professor"...read more.
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attn subscribers: our regular enewsletter will go on vacation for two weeks |
We will return with insightful articles, news, top cases, and blog posts on January 5, 2015. |
| ur untimely; defendant must comply with all timeframes set forth in lc 4610 |
In Boone v. Dreyer's Grand Ice Cream, 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB found that defendant's UR decisions denying authorization for refills of certain prescriptions, including Capsaicin cream, Ketamine cream and Lidoderm patches, were untimely and invalid as described in Dubon II, and that applicant was entitled to ongoing and timely refills of his prescriptions. As explained by the WCAB, defendant was required to comply with all the timeframes set forth in LC 4610, and that because defendant failed to communicate its UR decisions to applicant's physician within 24 hours as required under LC 4610(g)(3)(A), the UR denial was untimely and the WCAB had jurisdiction to determine medical necessity based on substantial evidence. |
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| CWCI Study finds reductions in workers' comp inpatient hospital stays & Spinal surgeries |
 A new California Workers' Compensation Institute (CWCI) study finds that the number of inpatient hospital stays in California workers' compensation declined by 15.6 percent between 2008 and 2013, slightly less than the decline noted for hospital stays paid under private coverage, but significantly more than the declines noted in Medicare and Medi-Cal....read more.
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| calif. workers' comp medical mileage rate to increase for 2015 travel |
The Internal Revenue Service has announced that the standard mileage rate for business miles will increase 1.5 cents per mile to 57.5 cents per mile as of January 1, 2015...read more. |
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california compensation cases | |
 Calif. Workers' Comp Case Roundup (12/10/2014). November CCC Cites Now Available. Lexis.com and Lexis Advance subscribers can read it.
Physician Self-Referral Statute Doesn't Apply to Inpatient Surgical Procedures (12/10/2014). Lexis.com and Lexis Advance subscribers can read it. |
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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.
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