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GENETIC DISPOSITION: Heredity and the Law of Apportionment The Case of City of Jackson v. Rice

April 27, 2017 When Senate Bill 899 (SB 899) was enacted in 2004, it sent shockwaves through the workers’ compensation system. As vocational rehabilitation went the way of the dinosaur, so too did a long-standing legal theory regarding causation and apportionment to pre­existing conditions. Prior to SB 899, apportionment could not be based on causation. However, SB 899 changed that forever, opening the door for such decisions as Escobedo, the tenets of which are an integral part of the fabric […]

WCAB – Maxham v. Calif. Dept. of Corrections en banc decision of 1/23/17

January 25, 2017 On January 23, 2017, the WCAB issued the en banc decision of Maxham v. Calif. Dept. of Corrections, clarifying the definition of “information” and “communication” in Labor Code §4062.3. The issue of communicating with agreed medical evaluators and panel qualified medical evaluators is governed by the timelines and rules in §4062.3. In the case of Maxham, defendants objected to applicant’s advocacy letters to three AMEs. Applicant sent the letters to the AMEs over defendants’ objections. Defendants filed […]

Senate Bill 1160 Updates Bargain On Utilization Review and Liens

October 13, 2016 SB 863 dramatically changed how medical treatment is provided for work related injuries. Most importantly, it implemented Utilization Review (UR) and Independent Medical Review (IMR) as the primary arbitrators for the provision of medical treatment for admitted injuries. Applicant attorneys reacted to this by challenging UR decisions at a rate completely unanticipated by SB 863, and appealing many denials through IMR. SB 1160, signed into law by Governor Brown on 9/30/16, seeks to address concerns of both […]