Vol. 6, Issue 28

Find Solutions & Strategies                July 13, 2015
When to Hold Them and When to Fold Them?

Apportionment in ortho, psyche and internal cases 
In This Issue
* APPORTIONMENT
* IMR OUTCOMES
* NEWS: WCIRB Report on 2014 WC Losses & Expenses
* 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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when to hold them and when to fold them?
Apportionment in ortho, psyche and internal cases

By Robert G. Rassp, Esq.

Robert Rassp grayThis article is a favor to the WCAB commissioners and is a call out to parties and trial judges to develop the record before a case gets to the appellate level. How many times have you been confronted with an "ortho, psyche, and internal" case in which either the psychiatrist or internist, or both, conclude that apportionment of permanent disability follows the apportionment of the orthopedic surgeon's conclusions without any further discussion? Or what if the physician says the permanent disability is "inextricably intertwined" between separate injuries? Finally, what happens when an ortho, psyche, and internist do not review each other's reporting? More often than not, either conclusion by a QME, AME, or treating physician confounds a trial judge and, as you will see, the WCAB and Court of Appeal...read more.
cwci reviews calif. workers' comp q1 2015 independent medical review outcomes
CWCIA new analysis of 2015 independent medical review (IMR) outcomes shows there was no significant reduction in IMR volume in the first quarter of this year, even though the independent medical reviewers continue to concur with the utilization review (UR) physician's denial or modification of treatment in about 90 percent of the cases. The CWCI analysis compares data from 33,909 IMR determination letters issued in the first three months of this year in response to applications submitted to the state after a utilization review (UR) physician modified or denied a requested medical service to similar data from the 137,781 IMR decisions issued in 2014...read more.
california news headlines

CA: Governor Signs AB 915 Out-of-State Travel for School Workers on Industrial Injury Leave. 

CA: WCIRB Report Examines Medical Payment Development to 30 Years Post-Injury.

CA: WCIRB Reports on 2014 Calif. Workers Comp Losses and Expenses.

CA: Judge Upholds Labor Commissioner's Ruling of Misclassification of Truck Driver.

CA: DWC Proposes Changes to WCIS Rules, EDI Guides to Rulemaking Forum.

CA: DWC Posts Ethics Advisory Committee 2014 Annual Report.

CA: Bill to Regulate e-Cigarettes in Public Areas Fails in Committee.

John F. Burton, Jr. Examines Impact of Race to the Bottom for Workers Comp Costs (p. 6).

Prof. Spieler Attacks AMA Guides for Absence of Evidence-Based Medicine.

A.M. Best: U.S .State Workers Comp Funds' Net Premiums Increased 11.5% in 2014.

Insurance Companies Cautiously Providing Coverage to Marijuana Businesses.

7th Circuit Rules FedEx Drivers Are Employees.

On-Demand Cleaning Company Sued by Worker for Alleged Misclassification.

Uber Opposes Class Certification in Misclassification Class Action Lawsuit.

CMS, AMA Announce Measures to Ease Physician Transition to ICD-10.

Obama Nominates Andy Slavitt as New CMS Chief.

Report Blasts Obama Administration for Poor Workplace Safety Record.

NCCI Releases Quarterly Economics Briefing Newsletter.

CDC: People Using Opioids 40 Times More Likely to Abuse or Be Dependent on Heroin.

Bipartisan Bill Would Legalize Banking for Recreational Marijuana Companies.

Robot Kills Worker at Volkswagen Plant, Lawsuit Expected.

OSHA's New Rule on Confined Space in Construction Takes Effect Aug. 3, 2015

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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