by Scott O'Mara | Nov 30, 2023 | Newsletter
PASSED LEGISLATION Labor Code §3212.15 sets forth specific safety members that have entitlement to a presumption regarding post-traumatic stress disorder (PTSD). The code has an expiration date that has been extended to 01/01/2029. Previously the expiration of this...
by Scott O'Mara | Nov 30, 2023 | Newsletter
There are four major retirement systems that can provide benefits for a disability retirement that are job-related. The systems are similar, but each has a unique template that must be established within a particular timeline. The determination in regards to...
by Scott O'Mara | Nov 30, 2023 | Newsletter
If the worker has a job related injury there is entitlement to several benefits; one of the most important benefits is medical care. The California Constitution states that medical care for job injuries is to CURE or RELIEVE the effects of the job related injury. The...
by Scott O'Mara | Nov 30, 2023 | Newsletter
The California Supreme Court was requested by the 9th U. S. Circuit Court of Appeals to make a determination that has impact on not only the federal case, but impact on the workers’ compensation laws and interpretation of same. The question that exists is whether the...
by Scott O'Mara | Nov 30, 2023 | Newsletter
WHAT IS AN ADR (CARVE-OUT)? The 1993/1994 Senate Bill 853 by Leroy Green opened up the door for a small group of employers and unions/associations to pull themselves out of the established workers’ compensation system by usage of a ADR (CARVE-OUT) PROGRAM. With this...
by Scott O'Mara | Nov 30, 2023 | Newsletter
Assembly Member Liz Ortega from Hayward, California has introduced an Assembly Bill, No.1213, which deals with the inadequacies of the current utilization and independent medical review process. Her bill recognizes that the period of time that people have eligibility...
by Scott O'Mara | Nov 30, 2023 | Newsletter
The California Legislation Senate Bill 863 was signed by Governor Brown on 09/18/2012. Section 1, subdivision (e) states that “having medical professionals ultimately determine the necessity of requested treatment furthers the social policy of this state in reference...
by Scott O'Mara | Nov 30, 2023 | Newsletter
SUMMARY & REVIEW: SB 636 would protect some workers by requiring, only private employers, to engage with the utilization review in workers’ compensation cases to be done by medical professionals who are licensed in California and subject to regulation by the...
by Scott O'Mara | Nov 30, 2023 | Newsletter
This is a summary of UR and IMR and modifications required to provide medical care. As Stated in the LAW1199 2019 Issue #3 page 1: “Senate Bill 863, which was signed by Gov. Brown in September 2012 and went into effect in January 2013, changed the Workers’...
by Scott O'Mara | Nov 30, 2023 | Newsletter
The California Workers’ Compensation system developed as a result of a bargain entered into between employers and employees in the early 1900s. The bargain was that employers would provide medical care for injured workers to cure and relieve the effects of their...