Vol. 6, Issue 44

Find Solutions & Strategies November 2, 2015

Constitutionality of IMR Upheld

Due process more than adequately provided

In This Issue

* IMR CONSTITUTIONALITY

* MEDICAL EXPERT REPORT

* RESCISSION; OCT. CCC CITES

* NEWS: Benefit notice manual

* eNEWSLETTER ARCHIVES

A Note From the Editor

Cited by the Ninth Circuit and California Court of Appeal

Court of appeal upholds constitutionality of imr

By Richard M. Jacobsmeyer, Esq.

Shortly after the second Second District Court of Appeals provided the defense community with a welcome decision in Batten v. WCAB, the First Appellate District followed up with its much anticipated decision in Stevens v. WCAB, the first constitutional challenge to IMR to be heard by an appellate court. In its decision the First Appellate District left little doubt as to the legal basis for the legislature's ability to create a system of Independent Medical Review (IMR) and the validity of that system to the multiple challenges presented by the applicant's bar...read more.

appellate court rejects argument for admissibility of "privately retained medical expert" report

By Richard M. Jacobsmeyer, Esq.

The 2nd District Court of Appeal has issued an opinion in Batten v W.C.A.B., wherein the applicant had challenged the W.C.A.B.'s interpretation of recent statutory changes and in particular Labor Code � 4605 concerning self procured medical legal reports, with a resounding rejection of the applicant's arguments that there was a conflict in the statutory language and further decisively asserting the authority of the Legislature to regulate workers' compensation matters. In its opinion the court asserts the necessity of following clearly stated statutory law...read more.

california compensation cases

WCAB Had Jurisdiction When Workers' Comp Claim Predated Insurer's Rescission Action: Cal. Comp. Cases Advanced Postings (10/27/2015). Lexis.com and Lexis Advance online subscribers can read it.

Cal Comp Cases

October CCC Cites Now Available; California Workers' Comp Case Roundup (10/28/2015). Lexis.com and Lexis Advance online subscribers can read it.

california news headlines

CA: DWC Posts 2015 Revised Benefit Notice Manual.

CA: WCIRB Actuarial Committee Posts Agenda for Nov. 4 Meeting.

CA: Amazon Prime Drivers Propose Class Action for Worker Misclassification.

CA: Ex-Driver Files Complaint Against Uber for Reimbursement of Work-Related Expenses.

Congressional Blog Warns of Injured Workers Ending Up on SSDI's "Doorstep".

GOP Lawmakers Propose Bill to Protect Business Against Recent NRLB Decision.

Insurance Brokers Claim Voluntary Accident & Disability Insurance Can Reduce WC Costs.

Latest Map of Uninsured in America Shows Lack of Health Insurance in the South.

Survey of Occupational Injuries, Illnesses Shows Nearly 3 Million Workplace Injuries in 2014.

EEOC Proposes Allowing Genetic Information for Voluntary Workplace Wellness Programs.

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.

October 26, 2015: Multiple Carrier Cumulative Trauma.
October 19, 2015: Rebutting the DFEC Adjustment Factor: Ogilvie Revisited.
October 12, 2015: Calif. Saw 5 Percent Decrease in Medical Payments Per Claim in 2013.
October 5, 2015: Physical Injury That Is a Result of Work-Related Stress.
September 28, 2015: Dahl Reversed; Ability to Be Rehabilitated Key to Rebuttal of PDRS.
CLICK HERE TO ACCESS 2010-2015 ARCHIVES.

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