Vol. 6, Issue 16

Find Solutions & Strategies                 April 20, 2015

A Question of Evidence
  
Home modification, moving costs, house keeping, special mattress, hot tub, personal trainer 
In This Issue
A Note From the Editor
Workers' Comp Index, 2015 Ed.
fringe medical benefits: a question of evidence 

The WCAB has signaled its willingess to award these costs as medical treatment, but disagreement exists as to the nature of evidence that must be used to support such a recommendation

 

In Logudice v. Mimi's Café, 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel affirmed the WCJ's finding that the defendant was liable for residential relocation, moving costs, rent differential, and housekeeping services as reasonable and necessary medical treatment to cure or relieve the effects of orthopedic and internal injuries suffered by the applicant/restaurant manager on 4/23/96 which rendered the applicant permanently totally disabled. Contrary to the defendant's assertion, the WCAB held the parties were not required to submit a medical treatment request to utilization review/independent medical review and the WCJ could decide the medical necessity dispute based on substantial evidence, as the treatment requests were made before 1/1/2013...read more.

open statewide judge exam for wcj posITIONS

The Department of Industrial Relations has announced the open statewide judge exam for attorneys interested in the position of a workers' compensation judge. The filing date for applications is May 1, 2015. See application information.

seasonal patterns in occupational risk

**Includes commentary from Lori Severson, VP, Lockton, for the employer perspective on injury reporting**

 

Karen C. Yotis, Esq., Feature Resident Columnist, provides insights into workplace issues and the nuts and bolts of the workers' comp world.

 

Workers who struggle to their jobs the Monday after daylight savings time springs the clocks ahead know firsthand how even a small seasonal change can impact the workforce. Numerous other workplace scenarios reflect variations in work-related injury risk that are undoubtedly seasonal. For example, during the dog days of summer, heatstroke and heat-related fatigue occurrences rise. Injury rates also tend to be lower at the end of the year. But does this annual decline in occupational injury risk suggest that workers get hurt less around the holidays, or is something else (that is not entirely seasonal) responsible?...read more.

thomas a. robinson named co-author of larson's workers' comp law

Larson's is frequently cited by the California Courts and WCAB

 

LexisNexis is pleased to announce that Thomas A. Robinson has been named a co-author of Larson's Workers' Compensation Law (LexisNexis) and Larson's Workers' Compensation, Desk Edition (LexisNexis). As such, he will work with Lex K. Larson on these publications. Tom brings a wealth of expertise on the law of workers' compensation. He is a leading commentator on workers' compensation and the author of the award winning blog WorkCompWriter.com. He is a frequent speaker, having led seminars at the National Workers' Compensation and Disability Conference, and for the Workers' Injury and Law Advocacy Group, Artex Risk Solutions, and the Injured Workers Advocates (South Carolina). He is also a contributing writer for California Compensation Cases. "For 28 years, I have enjoyed working with Lex Larson on Larson's Workers' Compensation Law, as well as the Desk Edition," states Robinson. "Now I'm thrilled to take on a new role as co-author. I look forward to continued close collaboration with Lex and expanded interaction with attorneys, claims representatives, risk managers and others within the workers' compensation sphere."

california compensation cases

Cal Comp Cases

Compound Medications Not Found Reasonable and Necessary Under ACOEM Guidelines, MTUS: Cal. Comp. Cases April Advanced Postings (4/15/2015). Lexis.com and Lexis Advance subscribers can access the complete headnotes and summaries. Read it.
  
california news headlines

CA: Governor Appoints Destie Overpeck Administrative Director of DWC.

CA: DIR Launches Website for RTWSP Applications.

CA: DWC Announces SB 863 RTW Program.

CA: OAL Approves WCIS Medical Billing Reporting Regulations.

CA: Barry H. Hinden Inducted Into College of Workers' Compensation Lawyers.

CA: Zachary H. Saks Inducted Into College of Workers' Compensation Lawyers.

CA: UC Study: Calif. Ranks #1 in Nation for Laws Supporting Undocumented Workers.

US Senate Approves Sweeping Changes to How Medicare Pays Doctors.

EEOC Proposes Rule on Application of ADA to Workplace Wellness Programs.

WCRI Releases Nat'l Inventory of Cost Containment Initiatives Adopted in 51 Jurisdictions.

NIOSH Finds Police Officers, Firefighters Have Largest Workplace Suicide Rate.

OSHA Seeks Public Input on Better Protections for Communication Tower Workers.

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.