Vol. 6, Issue 27

Find Solutions & Strategies                July 6, 2015
Angelotti Challenge Fails

Ninth Circuit hands a big win to the architects of the SB 863 reforms  
In This Issue
* ANGELOTTI CHALLENGE
* UNTIMELY IMR
* APPORTIONMENT; JUNE CCC CITES NOW AVAILABLE
* NEWS: Premiums jumped $2B in 2014
* NOTICE OF CORRECTION
* eNEWSLETTER ARCHIVES
A Note From the Editor
 
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Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations 
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angelotti challenge fails
By Julius Young, Esq.

Julius Young thumbnailThe U.S. Court of Appeals 9th Circuit has now handed a big win to the architects of the SB 863 reforms. The case is Angelotti Chiropractic et al v. Baker. Angelotti was a constitutional challenge to the lien activation fee provisions of SB 863. At the trial court level in hearings before U.S. District Judge George Wu, the Angelotti plaintiffs lost on their claims that the lien filing provisions of SB 863 violated the Takings Clause and the Due Process Clause of the U.S. Constitution. However, Judge Wu granted a preliminary injunction based upon the plaintiff's Equal Protection Clause claim. The three judge 9th circuit panel reversed Wu as to the Equal Protection Clause injunction, dismissed the Equal Protection Clause claim and upheld Wu's dismissal of the Takings Clause and Due Process Clause claims. Conceivably the Angelotti defendants could request rehearing by the 9th Circuit, but the likelihood of success is minimal...read more.
untimely independent medical review: southard decision

This case is very similar to the Saunders noteworthy panel decision.

 

In Southard v. Hallmark Greeting Cards, 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, rescinded the WCJ's finding that an employee may appeal an independent medical review (IMR) determination pursuant to Labor Code § 4610.6(h)(1) if the IMR determination is issued beyond the timeframes set forth in Labor Code § 4610.6(d), and held instead that the IMR determination must issue within the timeframes established by Labor Code § 4610.6(d). If it does not issue within those time frames, the medical treatment dispute is no longer covered by the Labor Code § 4610.5 UR/IMR process and the dispute may be decided by the WCJ pursuant to...read more. 
california compensation cases 
Cal Comp Cases Combined Psychiatric Effects of Three Injuries Found Inextricably Intertwined: Cal. Comp. Cases July Advanced Postings (7/2/2015). Lexis.com and Lexis Advance subscribers can read it.



Cal Comp CasesJune 2015 Issue of Cal. Comp. Cases: Citations Now Available. Lexis.com and Lexis Advance subscribers can read it. 

california news headlines

CA: WCIRB Releases Report on Losses, Expenses for CY 2014.

CA: Employer Premiums Jumped $2B in Year 2014.

CA: Former Senator Yee Pleads Guilty for Accepting Bribes.

CA: State Fund Begins Distributing $37M Dividend.

CA: New Insurance Rules for Ride-Sharing Companies, Drivers Eff. July 1.

CA: Calif. Ranks #5 in Nation for Women's Healthcare, Wellbeing, Economic Status.

NCCI Posts Latest Economic Outlook and Impact on Workers Comp.

Fitch Ratings Announces Top Workers Comp Insurance Writers for 2014.

OSHA Issues Inspection Guidance for Health Care Industry.

Columnist: New Worker Category Should Be Created to Cover Gig Workers.

Some On-Demand Service Companies Start to Reclassify Workers as Employees.

CNA Releases Study on Prescription Opioid Use in Construction Industry.

ACE Acquires Chubb for $28B.

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 Robin.E.Kobayashi@lexisnexis.com.
 
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