Vol. 6, Issue 21

Find Solutions & Strategies May 26, 2015

Due Process - A Constitutional Right

A claim for due process should be used judiciously and only in appropriate circumstances

In This Issue

* DUE PROCESS

* HEALTH CARE OVERKILL

* NOTICE OF CORRECTION

* NEWS: Jose Razo appointed WCAB Commissioner

* eNEWSLETTER ARCHIVES

A Note From the Editor

CCWC's Premier Annual Event

due process - a constitutional right

A claim for due process should be used judiciously and only in appropriate circumstances

Judge Gavel 3 The WCAB has issued several decisions recently on the topic of "due process." The term "due process" is a phrase attorneys often fling about in court whenever they want to convey that something "unfair" has occurred. But the term has a very specific meaning, derived from the Due Process clauses of the U.S. Constitution and its implementation by the U.S. Supreme Court...In the Noteworthy Panel Decision of Flores v. Reegs, Inc., 2014 Cal. Wrk. Comp. P.D. LEXIS 427, the WCAB found a violation of the parties' right of due process when the WCJ issued determinations on several issues that had not been submitted at trial. The opening line of the Judge's Report and Recommendation (in Flores, supra) in response to the applicant's Petition for Reconsideration states...read more.

medical expert says u.s. health care industry often guilty of "overkill"

Significant percentage of medical care procedures is unnecessary

Thomas A. Robinson, J.D., our Feature National Columnist, is the co-author of Larson's Workers' Compensation Law (LexisNexis).

Much has been written about the explosion of health care costs in the workers' compensation system. Indeed, most experts agree that medical care expenses now represent more than 60 cents out of every benefit dollar provided to injured workers. To the extent that the delivery of medical care within the workers' compensation setting mirrors the care provided generally to patients in the United States, an alarming amount of it is wholly unnecessary. At least, that is the implication of a recent article by Atul Gawande, MD, published in The New Yorker...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 news headlines

CA: Governor Reappoints Deidra Lowe, Appoints Jose Razo as WCAB Commissioners.

CA: Governor Appoints Three Justices to 2nd District Court of Appeal.

CA: DWC to Hold Hearing to Revise Hospital Outpatient Depts/ASCs Fee Schedule.

CA: DWC Drafts Rules for Transition of DWC Regs, Forms to ICD-10.

CA: Drobot, SCIF Complaints Reveal Depth of Medical Fraud Alleged in RICO Action.

CA: CWCI's Alex Swedlow Presents UR/IMR Statistics at NCCI Symposium.

CA: CHSWC June 4 Meeting to Discuss Medical Access, Electronic Reporting.

CA: WCIRB C&R to Review Proposed Changes to Recording, Reporting of Data Rules.

CA: DIR, CDPH Awarded NIOSH Grant for Workplace Injury & Illness Data Project.

CA: Fresno County Claims Inmates Injured in Pipeline Explosion Covered by Work Comp.

CA: California Drops to 44th Place in 2015 Rich State Poor States Economic Outlook.

NCCI Symposium Reports First Responder Bills Top List of 2015 Legislation.

NCCI Symposium: Dr. Victor Shares Insights on Physician Dispensing.

NCCI Symposium: Moody's Presents U.S. Macro Outlook.

NCCI Symposium: Dr. Hartwig Presents On-Demand Economy Implications for Comp.

NCCI Symposium: Expert Discusses Impact of New Technologies on Society.

NCCI Symposium Examines Impact of Workers Comp Rx Fee Schedules.

Workers Comp Indemnity Payments Could Be Costing Payers More Than Necessary.

House Subcommittee Hears Testimony for US DOL Proposal to Cut FECA Benefits.

Democrats Respond to US DOL's Proposal to Cut FECA Benefits.

NIOSH Free Online Course: Strategies for Nurses Working Shift Work, Long Work Hours.

ABC News 20/20 Spotlights How Workers Comp Fraud Investigators Catch Fraudsters.

Silicon Valley Exec Says Robots to Take Over Many Service Sector Jobs by 2033.

NPR Interviews Silicon Valley Exec on Robots and Our Jobless Future.

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.

May 18, 2015: Is the Timeliness of the IMR Decision Relevant?
May 11, 2015: New MPN Regulations: It's a New Medical Treatment Paradigm.

May 4, 2015: Diagnostic Testing: Is it Medical Treatment or Medical-Legal Expense?

Apr. 27, 2015: The Muddied Waters of the QME Panel Strike Process Post-SB 863.

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

CLICK HERE TO ACCESS 2010-2015 ARCHIVES.

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