Vol. 7, Issue 16

Find Solutions & Strategies                 April 18, 2016

More UR Timeliness Nuances Decided by WCAB Panel
In This Issue
A Note From the Editor
more ur timeliness nuances decided by wcab panel
WCAB panel determines single RFA requires single response even where multiple modalities requested   

By Richard M. Jacobsmeyer, Esq.

A recent WCAB panel decision has provided additional guidance in the seemingly endless stream of issues involving nuances in timing of UR determinations for identifying when the WCAB may have jurisdiction to decide medical treatment disputes under the en banc decision in Dubon v. World Restoration (2014) 79 Cal. Comp. Cases 1298 (Appeals Board en banc decision). In Cerna Romero v. Stones and Traditions, 2016 Cal. Wrk. Comp. P.D. LEXIS --, the issue of timeliness to two UR determinations was presented in a single trial. As to the first UR decision, the WCJ found the determination was late but declined to award the treatment finding on the merits that the determinations to partially approve requested acupuncture and deny provision of Lidoderm patches were medically appropriate...read more.
wcab en banc decision: cornejo v. younique cafe, inc.
The WCAB en banc issued a decision in Rogelio Cornejo v. Younique Café, Inc.; Zenith Insurance Company, (ADJ9351964, ADJ9351965)

Opinion and Decision After Reconsideration (Appeals Board en banc)

Filed and served on April 13, 2016

According to the Appeals Board:

"The Appeals Board rejected defendant's contention that section 22451(b) of the Business and Professions Code should not be construed to apply to agents and independent contractors of a member of the state bar other than photocopiers that are part of an attorney's staff, and the Board affirmed and incorporated its prior decision that the registration and bonding requirements under sections 22450 and 22455 of the Business and Professions Code do not apply to a lien claimant seeking to recover copy service fees as medical-legal expenses under Labor Code section 4620(a), when the lien claimant makes an unrebutted prima facie showing that it is an agent and/or independent contractor of a state bar member at the time the documents are photocopied."
california workers' comp medical & indemnity payment trends
CWCINew CWCI research that tracks average California workers' comp medical loss, indemnity benefit and medical cost containment (MCC) payments on accident year (AY) 2005 - 2014 lost-time claims valued at the end of June 2015 shows mixed results, with more developed data on older claims showing paid medical losses and indemnity leveling out or declining, while less developed data on newer claims indicating that average amounts paid in the early stages of a claim are on the rise...read more.
california compensation cases 
Cal Comp Cases
Defendant's Claim for Credit Rejected When FEHA Violation Led to Applicant's Injury. Lexis.com and Lexis Advance subscribers can access it here.
wcab job opening
The Workers' Compensation Appeals Board, Office of the Commissioners, seeks candidates to fill a full-time staff attorney position.

INDUSTRIAL RELATIONS COUNSEL III (SPECIALIST)
$8,032.00 - $10,305.00 salary plus benefits...read more.
california news headlines

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.