Vol. 6, Issue 17

Find Solutions & Strategies April 27, 2015

The Muddied Waters of the QME Panel Strike Process Post-SB 863

In This Issue

* QME PANEL STRIKE

* IMR OUTCOMES

* IMR: SMOKE & MIRRORS

* ACOEM ON MARIJUANA

* STATEWIDE JUDGE EXAM

* NOTICE OF CORRECTION

* EMPLOYMENT PRESUMPTION

* NEWS: WCIRB report: 11% increase in written premium

* eNEWSLETTER ARCHIVES

A Note From the Editor

Workplace Safety Matters!

Workers' Comp Index, 2015 Ed.

the muddied waters of the qme panel strike process post-sb 863

When is a strike of a QME timely post-SB 863? Until further clarification is provided, parties should proceed conservatively and strike a QME within the 10-day time period.

Selection of Qualified Medical Evaluator Panels has been a frequent topic at many recent expedited hearings. One of those hearings resulted in a Noteworthy Panel Decision of Razo v. Las Posas Country Club, 2014 Cal. Wrk. Comp. P.D. LEXIS 12. Carlos Razo was a driver for the Las Posas Country Club when he suffered a cumulative trauma injury to both internal and orthopedic body parts during the period ending 5/7/2012...read more.

new cwci study looks at independent medical review outcomes in calif. workers' comp

CWCI A new analysis of independent medical review decisions issued in 2014 suggests that the medical dispute resolution process mandated by the workers' compensation reform bill enacted in 2012 is working to assure that the treatment provided to California injured worker meets evidence-based medicine standards while providing a needed check against unnecessary and potentially harmful tests, surgeries, drugs and procedures...read more.

cwci study on independent medical review outcomes in california: smoke and mirrors

There are five kinds of lies--fibs, excuses, lies, damn lies, and statistics.

By Robert G. Rassp, Esq.

Robert Rassp gray The CWCI "study" from a political standpoint has to say that the UR/IMR process is a "success." A great deal of energy was put into the political process of the members of CWCI and other organizations who represent employers in California to find cost savings in the workers' compensation system in order to justify higher payments for permanent disability. The UR/IMR process has to work or else SB 863 is a failure...read more.

acoem guidance on marijuana in the workplace

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

For a Schedule I drug with no currently accepted medical use (at least according to the United States government) you'd think that employers would be able to establish some bright line rules against anything to do with marijuana in the workplace and call it a day. After all, "the Devil's Harvest" is the most prevalent psychoactive substance (second only to alcohol) to turn up in DUI cases and the most often detected item in workplace drug testing and can clearly have a significant (and unfavorable) impact on employers, workplaces and workers' compensation. Yet the most widely used controlled substance in the United States...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.

notice of correction: table 1 present value of permanent disablity

It has come to our attention that we inadvertently omitted the revised Table 1, Present Value of Permanent Disability, in the 2015 Edition of Workers' Compensation Laws of California. We apologize for the inconvenience and have included the corrected Table 1 for your use here.

california compensation cases

Cal Comp Cases

Presumption of Employment Applied to Hairdresser: Cal. Comp. Cases May Advanced Postings (4/22/2015). Lexis.com and Lexis Advance subscribers can access the complete headnotes and summaries. Read it.

california news headlines

CA: WCIRB's 2014 Insurer Experience Report Shows 11% Jump in Written Premium.

CA: DWC Final Medical Treatment Utilization Schedule Rules Now in Effect.

CA: WCAB Plans Reorganization, Renumbering of Practice and Procedure Rules.

CA: DWC Posts Changes to OMFS Physician/Non-Physician Practitioner Services.

CA: DWC Issues First 15-Day Comment Period for Benefit Notice Regulations.

CA: DIR Posts 2013 Workplace Fatality Report.

CA: WCRI Study Sets Forth Some Successes From SB 863 Reforms.

CA: Assembly Committee Unanimously Passes AB 1124 Drug Formulary Bill.

CA: Cal Chamber Lists SB 563 UR/IMR Elimination a Job Killer.

CA: Calif. Medical Association Backs SB 563 UR/IMR Bill.

CA: Senate Committee Passes SB 522 MPN IMR Clarification.

CA: Senate Committee Passes SB 542 Home Health Care Services Fee Schedule.

CA: Kaiser Report Examines High Costs of Workers Comp in Southern Calif.

BLS Releases 2013 Census of Fatal Occupational Injuries Counts.

Lockton: Red Herrings, Medical Overdiagnosis Impact Large Loss Workers Comp Claims.

Who's Opting Out of Workers' Comp: Employers or the States Themselves?

WCRI Webinar to Cover Regulating Medical Costs & Care: Unintended Consequences.

Express Scripts Reports Workers Comp Prescription Drug Spend Increased 1.9% in 2014.

Aon Warns of Projected Rises in Pharmacy Costs in 2015-2016 Impacting Workers Comp Costs.

Helios Releases 2015 Workers Compensation Drug Trends Report.

Changes Made by Big Pharma May Have Helped Reduce Opioid Prescribing, Overdoses.

Congressman Introduces Opioid Overdose Reduction Act.

Senator Introduces Bill for FDA Accountability for Approval of New Opioid Drugs.

Medicare Secondary Payer: CMS Posts Appeal Rights for Applicable Plans.

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.

Apr. 20, 2015: Fringe Medical Benefits: A Question of Evidence.

Apr. 13, 2015: Uberization of Jobs: Employee or Independent Contractor?

Apr. 6, 2015: Self-Procured Medical Marijuana.

Mar. 30, 2015: OMFS: The Death of the Extraordinary Circumstances Exception Post-2004.

Mar. 23, 2015: Vocational Experts and Apportionment.

CLICK HERE TO ACCESS 2010-2015 ARCHIVES.

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