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WCAB Urged To Continue Remote Hearings

The Workers’ Compensation Appeals Board commissioners heard nearly uniform support for proposals to continue allowing remote operations at the various boards and only limited support for resuming some in-person hearings. The Board’s proposal for a “meet and confer” requirement for Subsequent Injuries Benefits Trust Fund cases also received pushback from the head of the SIBTF. … Read More »

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IMR Usage Down 20% From Historical Norms

California’s independent medical review program is driving down much of the medical expense in the workers’ compensation system. But since its inception, usage has been far higher than expected. The number of IMRs – is still higher than the drafters of the Baker Workers’ Comp Reform – SB 863 expected, but full-year data for 2020 … Read More »

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Forum Conveniens

To the casual observer, it may seem like a contradiction. The Workers’ Compensation Appeals Board (WCAB) gave notice that it was going to amend its Rules of Practice and Procedure, … Read More »

WCAB Proposing Rules Update

California’s Workers’ Compensation Appeals Board is proposing changes to its Rules of Practice and Procedure. The proposed updates would formalize and make permanent the option for holding remote hearings and electronic filings/electronic signatures. Rules for objecting to remote hearings is also on the agenda. The current processes were put in place in response to the … Read More »

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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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