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Division Gets Pushback, Support For Draft QME Regulations

Draft regulations to boost the training and educational requirements for qualified medical evaluators (QMEs), including anti-bias training that the Division of Workers’ Compensation agreed to require of QMEs two years ago, generated significant feedback from employers and providers alike. The Division is reviewing 20-some pages of comments in preparation for starting the formal rulemaking process. … Read More »

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Newly Published Decision Annuls 100% PD Award

The Sixth District Court of Appeal ordered publication of a decision annulling a 100% permanent and total disability award that was based solely on a psychiatric injury stemming from the sexual abuse by a treating physician. The court remanded the case to the Workers’ Compensation Appeals Board to consider permanent disability issues surrounding the underlying … Read More »

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WCAB Defends Sanctions, Due Process Provisions

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Avoiding Labor Code 132a Claims

Umbrellas are great, aren’t they? When I was just a young man chasing my undergraduate degree at UC Davis, winters in that small cow-town could often be quite wet affairs. Rain, and lots of it, would come pouring down all day and all night, especially if it was a winter in an El Nino year. … Read More »

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Dismissed COVID Negligence Claim Expected Back

A construction company dodged for the moment a negligence lawsuit filed by the wife of one of its employees who claimed she contracted COVID-19 from her husband after he allegedly contracted the virus on the job. The husband’s workers’ comp claim is pending with the Workers’ Compensation Appeals Board, but a federal judge dismissed the … Read More »

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Employer Bill of Rights

As we make our way through this often bumpy ride and become more familiar with the world and its happenings, certain fictions disappear from our minds, usually with eye-opening experiences. … Read More »

WCAB Panel Overturns Order Delaying Remote Trial

The Workers’ Compensation Appeals Board issued a significant panel decision that sends a case back to the workers’ comp judge directing he hear arguments about whether a trial can proceed remotely. The decision overturned the workers’ comp Judge’s order suspending trial until testimony could be heard in person. The decision in Limin Gao v. Chevron … Read More »

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Employers, Carriers Push Back Against Med-Legal Fee Proposal

California’s employers and insurance carriers are raising concerns that the Division of Workers’ Compensation’s proposed med-legal fee schedule (MLFS) update will increase costs more than is projected and, worse, create new friction points in the system. Employers assert the proposal does little to prevent billing abuse and that the Division’s proposal fails to ensure high-quality … Read More »

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