Vol. 6, Issue 20

Find Solutions & Strategies                 May 18, 2015

Is the timeliness of the IMR decision relevant?
A WCAB panel appears to say otherwise
 
In This Issue
The Constitutionality of IMR
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CCWC's Premier Annual Event
Work Comp Index, 2015 Edition
arredondo: is the timeliness of the imr decision relevant?

Has the pendulum swung so far that the emphasis now is completely on the process itself and not the purpose of the process?

 

It is  common knowledge among participants in the workers' compensation system that it can take up to six months or more to obtain an IMR decision from Maximus. Many workers' compensation judges have concluded that the Administrative Director's adoption of an untimely IMR (LC 4610.6(d) and AD Rule 9792.10.5(a)(1)) constitutes a valid ground for appealing the IMR determination pursuant to LC 4610.6(h)(1). The effect of the majority's decision in the noteworthy panel decision Arredondo v. Tri-Modal Distribution Services, Inc. is to remove this argument, making the timeliness of the IMR decision irrelevant...read more.

regulatory implementation of sb 863 reforms

Administrative Director says IMR gets 30 days to issue a decision after receipt of records, but doesn't address Arredondo noteworthy panel decision

 

By Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers' Compensation eNewsletter

 

In 2012, California passed into law SB 863 implementing wide-ranging changes to the state's workers' comp system designed to make that system less expensive and more efficient, while also expediting the provision of medical treatment for injured workers and increasing permanent disability benefits. The changes mandated by that law have been phased in annually since January 2013, and in a recent webinar, AD Destie Overpeck and Dr. Rupali Das discussed the DWC's current efforts to implement these changes...read more.

firefighter presumption extension given retroactive effect

By Richard M. Jacobsmeyer, Esq.

 

The 2nd District Court of Appeals has reversed a W.C.A.B. decision which had refused to apply the presumption of causation for cancer to a firefighter based on the amendment to LC 3212.1 which became effective after diagnosis but before trial. In Lozano v. W.C.A.B., the dependents of William Lozano sought intervivos and dependency benefits based on the employee's diagnosis of stomach cancer...read more.

the evolving risk of firefighter cancer

NIOSH study of California firefighters examines toxic new building materials and racial disparities in developing cancer

 

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

 

Firefighters are a breed apart. From the 9/11 first responders who disappeared into the World Trade Center's towering inferno to the 19 Granite Mountain Hotshots who died battling the Yarnell Hill Fire, these are the courageous ones who put themselves in mortal danger to save the lives and property of others. And while experience (and a plethora of research) has shown that firefighting is fraught with all sorts of risk, a new NIOSH study about California firefighters is shedding new light on...read more.

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

Termination Due to Fiscal Reasons as Insufficient Basis to Deny LC 4850 Benefits (5/13/2015). Lexis.com and Lexis Advance subscribers can access the complete headnotes. Read it.
california news headlines

CA: 3rd DCA Grants Review in Case Challenging Constitutionality of IMR (LC 4610.6).

CA: Calif. Labor Federation Backs SB 563 Utilization Review Bill.

CA: Assembly Approves Bill to Give Pro Cheerleaders Employee Status.

CA: Assembly Approves AB 305 to Prevent Gender Bias of Workplace Injuries.

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

CA: Staffing Firms Prohibited From Self-Insuring for Workers Comp.

CA: DWC Redding District Office Moves to New Location.

CA: Expert Suggests SB 863 Can Help Reduce WCMSA Allocation.

NCCI Gives "Calm" Now, "Turbulent" Later, Outlook for Workers Comp Industry.

NCCI Presentation: Complete State of the Line for Workers Comp Industry.

NCCI Presentation: Work Comp Implications of On-Demand Economy, Temp Workers.

Express Scripts: Half a Million Americans Pay $50K+ in Medication Costs Per Year.

SEC Investigating Barrett Business Services' Accounting Practices.

Study: Aging Japanese-Americans Provide Insights Into Dealing With Aging Population.

Study: Weekend Drug Users End Up Expanding Recreational Use to Weekdays.

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 [email protected].