Vol. 6, Issue 6

Find Solutions & Strategies                 February 9, 2015
A Post-Dubon II Game Changer?
 
Should an applicant be allowed to rebut the MTUS guidelines before the WCAB?
In This Issue
* POST-DUBON II GAME CHANGER?
* GEOGRAPHIC VARIATION IN USE OF GUIDELINES
* CREDIT FOR LONG-TERM DISABILITY BENEFITS
* NEWS: SCIF premium increase, Dubon denied writ of review
* eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi 2010      
LexisNexis is exhibiting at the DWC Conference Los Angeles, Feb. 9 & 10. Please stop by to say hello and to take advantage of our 20% discount on workers' comp titles.
    
Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations 
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March 5-6, 2015

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VIEW THE AGENDA
A post-dubon ii game changer?
An interesting argument has been raised: Should an applicant be allowed to rebut the MTUS guidelines before the WCAB?
 
With commentary by Robert G. Rassp, Esq.
  
Robert Rassp grayIn McFarland v. The Permanente Medical Group, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel, affirming the WCJ, held that pursuant to Dubon II, the WCAB lacked jurisdiction over a treating physician's request for medical treatment in the form of epidural steroid injections to treat the applicant's industrial back injury. The WCAB found that the defendant timely issued a UR non-certification denying the requested treatment based on the MTUS guidelines in 8 CCR 9792.25(b) and (c). The WCAB also held that it had no authority to determine the constitutionality of the Independent Medical Review statutes as sought by the applicant based on her inability to appeal a noncompliant UR determination. Commissioner Sweeney, dissenting from the majority panel decision...read more.
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UNDERSTANDING geographic variation in the use of treatment guidelines for occupational injuries
Greater medical consensus could reduce geographic variability

 

Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.

 

A recent study published by the Journal of Occupational and Environmental Medicine suggests that there is geographic variation in the use of medical treatment guidelines that reaches beyond differences in population characteristics, such as age, sex, and insurance coverage...The study also indicates that there may be inefficiencies within the American health system that lead to overuse of some types of health services or provision of low quality care in the case of occupational injuries involving the shoulder and/or back. According to the study, however, there was little correlation between the guidelines used. That is to say that with regard to some guidelines, there was a significant geographic variation in use, whereas with other guidelines this was not the case....read more.
california compensation cases

Cal Comp Cases

Defendant Entitled to Credit for Full Amount of Long-Term Disability Benefits. Lexis.com and Lexis Advance subscribers can read it.

california news headlines

eNewsletter archives

Take a deep dive into our past eNewsletters for 2015 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
 
January 20, 2015: Rolda Reloaded.
January 12, 2015: Opioids - The Grand Debate.
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