LexisNexis has picked the top "noteworthy" panel decisions issued by the California Workers' Compensation Appeals Board during the period July through December 2014. You'll find many helpful cases in this list, including a recent decision on reasonable attorney's fees, and "bonus" cases on the issue of utilization review as it applies to prescription medications and the granting of a defendant's appeal of an IMR decision based on plainly erroneous findings that are not subject to expert opinion. We thank our advisory board members for their feedback on current topics and issues of interest to the workers' compensation community. Note: Lexis.com and Lexis Advance subscribers can link to the actual WCAB panel decisions. We've reported thousands of noteworthy panel decisions to date on the LexisNexis Services. Lexis online users should subscribe to our monthly noteworthy panel decisions reporter, available in PDF format, to keep abreast of the latest trends and cutting edge case law. Read the top 25+ list here.

By Richard M. Jacobsmeyer, Esq.

The 4th District Court of Appeal has issued a decision raised to it on a question on the "retroactive" application of the Independent Bill Review provisions of SB 863 and whether the legislature intended to remove from the W.C.A.B. jurisdiction to address bill disputes that existed prior to the effective date of SB 863 (January 1, 2013). In C.I.G.A. v. W.C.A.B. (Elite Surgical Ctr.), the court ruled the legislature did not wrap up medical billing disputes that existed prior to 1/1/13 into the newly created IBR process and that the W.C.A.B. continues to have jurisdiction to resolve those disputes. The court also found the process used by the WCJ and adopted by the W.C.A.B. to determine the appropriate fee in...read more.