| rolda reloaded |
A creative approach to the dual causation elements of the Rolda multi-level analysis
By Raymond F. Correio, Esq.
 In 2001, the WCAB issued its en banc decision in Rolda v. Pitney Bowes, Inc. (2001) 66 Cal. Comp. Cases 241. Labor Code §3208.3 provides that in order for a psychiatric injury to be compensable, certain conditions must be satisfied. Labor Code §3208.3 also contains a number of exemptions and affirmative defenses, one of which is commonly referred to as the "good faith personnel action" defense set forth in §3208.3(h). The affirmative good faith personnel action defense subsequent to the Rolda en banc decision, continues to be a focal point in litigation related to the compensability of psychiatric injuries. While the multilevel analysis set forth by the WCAB in their...read more.
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| ur: timelines for expedited review when imminent and serious threat exists |
In Rodriguez v. Air Eagle, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB has provided guidance on the expedited review of a request for authorization and on the burden of proof of a prescription for home health care services. The WCAB, amending the WCJ's decision, held that the defendant's 11/6/2013 utilization review denial of the applicant's request for home health care services for 24 hours per day, seven days per week on a psychiatric basis was untimely and, therefore, invalid under Dubon v. World Restoration, Inc. (2014) 79 Cal. Comp. Cases 1298 (Appeals Board en banc opinion) (Dubon II)...read more. |
| ambulatory surgical center payments versus hospital outpatient payments |
An interstate comparison and analysis
Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers' Compensation eNewsletter
 Although the common perception may be that using an Ambulatory Surgical Center (ASC) will save money compared to using a hospital for outpatient surgery, that may not always be the case. In fact, the results can vary greatly from state to state. That was the lesson to be learned at a December 2014 webinar sponsored by WCRI, Interstate Comparisons of Ambulatory Surgical Center (ASC) Payments...read more.
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Rolda Reloaded 
