Vol. 6, Issue 25

Find Solutions & Strategies                June 22, 2015

Finding a Forum to Decide the MTUS Presumption
In This Issue
A Note From the Editor
CCWC's Premier Annual Event
finding a forum to decide the mtus presumption

What if invalidity of the UR decision is not the issue?  

 

As part of the workers' compensation litigation process, what if the injured worker wants to rebut the legal issue of the MTUS' presumption of correctness?  

 

Is an expedited hearing the correct legal forum to present that argument?

 

In the olden days, there was a strict division of labor between doctors and lawyers. Physicians were tasked with focusing on medical treatment, while lawyers handled the legal issues. Never the twain did meet... that is, not until workers' compensation litigation came along and blurred the lines between the two professions. Nowadays, in the workers' comp world, lawyers need to be familiar with medical issues to adequately represent their clients. And doctors are required to know the law, in order to write medical-legal reports that constitute substantial evidence...read more. 

cwci reports california workers' comp benefits will increase in 2016
CWCICalifornia's State Average Weekly Wage (SAWW) rose just under 2.3 percent from $1,095.70 to $1,120.67 in the year ending March 31, 2015, which the California Workers' Compensation Institute (CWCI) notes will boost temporary total disability (TTD) and permanent total disability (PTD) rates for 2016 work injury claims, and other workers' comp benefits that are tied to changes in the SAWW...read more.
california compensation cases 
Cal Comp CasesNo Evidence That Insurer Issued Written Notice of Reinstatement or Issued New Policy After Cancellation: Cal. Comp. Cases June Advanced Postings (6/18/2015). Lexis.com and Lexis Advance subscribers can read it.

california news headlines

CA: Labor Commissioner Rules Uber Drivers Are Employees, Not Independent Contractors.

CA: Court Rules Joint Employers May Be Liable for Worker Misclassification.

CA: 2nd DCA Affirms Denial of Injunction to Bar WCAB From Collecting Lien Fees.

CA: DWC Posts Adjustments to OMFS (DMEPOS).

CA: DWC Issues 2nd 15-Day Comment Period for WC Benefit Notice Rules.

CA: FDA's Investigation of Alleged Counterfeit Spinal Implants Criticized.

CA: SB 277 Drug Vaccine Opponents Claim Big Pharma Influenced Lawmakers.

CA: WCIRB, IIABCal to Host Workers Comp Webinar Educational Series.

CA: WCIRB Posts Videos, Presentations From Its Annual Conference.

NIOSH Examines Hazards of Temporary Employment.

NIOSH Proposes Adding Over 30 New Drugs to Hazardous Drug List.  

Uber Adopts No Gun Policy for Drivers, Passengers After Chicago Shooting.

Study: Opioids, Barbiturates Being Overprescribed for Migraine Headache Sufferers.

workers' compensation resources research report issue 9 

By John F. Burton, Jr.

 

Issue 9 of the Workers' Compensation Resources Research Report contains the first of a series of issues that provide an Overview of Workers' Compensation. Part I discusses the origins of workers' compensation programs in the U.S. early in the 20th century, the objectives of a modern workers' compensation program, and a description of the current programs. As shown in Figure 1, in recent years both benefits and costs as a percent of payroll have been near their low points for the period since 1980...Read more. 

lexisnexis free cle-eligible webinar: register today!

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.

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].