The Workers’ Compensation Appeals Board issued an en banc decision to clarify that med-legal lien claimants have the burden to show that their charges are linked to a contested claim, were provided to address the contested issue and that the charges were reasonable. Defendants are not obligated to issue an explanation of review (EOR) contesting …
California’s rules for staying liens when providers are charged with workers’ comp fraud survived yet another constitutional challenge. This one didn’t even require a court hearing. The Fourth District Court of Appeal rejected the lienholder’s petition for writ of mandate with a simple one-line order and deemed no further discussion was necessary. The rules came …
A California Court of Appeal denied the pleas of the State Compensation Insurance Fund and refused to overturn the Workers’ Compensation Appeals Board. The case involves hundreds of workers’ comp liens filed by Med-1 Medical Center that were initially dismissed for failing to pay the required lien activation fee but were later reinstated. The case …
A suspended chiropractor convicted as part of the Pacific Hospital of Long Beach kickback scheme lost his fight to have California’s lien stay provisions declared unconstitutional and to have the stay lifted on the liens filed by him and his associates. The Fourth District Court of Appeal ruled that while the processes established by Labor …
The Department of Industrial Relations’ efforts, begun by former Director Christine Baker, to rid the state’s workers’ comp system of fraudulent behavior got another boost when a Los Angeles federal court found its actions reasonable. The court granted DIR’s motion to dismiss the constitutional challenge to state rules staying liens linked to criminally charged providers. …
Lienholders that filed the state’s required declaration for legacy liens after the close of business on June 30, 2017, and before the close of business on July 3, 2017, will not have their liens dismissed. The Workers’ Compensation Appeals Board in an en banc decision says these liens were filed timely as the legislative deadline …
The Workers’ Compensation Insurance Rating Bureau’s Actuarial Committee will meet next week to give a second look at the industry’s latest workers’ comp claims experience. It will soon be making a recommendation on a mid-year filing. At first blush, however, a mid-year rate cut appears promising. The committee gave the data an initial review earlier …
The First District Court of Appeal summarily denied a petition from the California Workers’ Compensation Interpreters’ Association that challenged new Workers’ Compensation Appeals Board rules for liens. The court did not elaborate on its decision. California workers’ comp lien reforms are consistently being upheld by the state’s court system. The CWCIA filed its lawsuit earlier …