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...
by Scott O'Mara | Nov 30, 2023 | Newsletter
JUSTICE The California Constitution (Article 14, Section 4) sets forth the workers’ compensation system and LC §4600 is to provide for a complete medical treatment system to cure or relieve the effects of the worker’s injuries. This treatment shall be provided by the...
by Scott O'Mara | Oct 29, 2021 | Legal
On October 22, 2021, a judge in Kern County determined that the power of the State is such that it can mandate vaccinations for certain employees. The judge stated that the Court was not in a position to dictate which and when such steps should be addressed by the...
by Scott O'Mara | Oct 26, 2021 | Legal
Timelines are established for employers to determine whether a worker’s injury or medical condition is work-related. These timelines are set forth pursuant to labor Code §5402, which provides that once an employer has knowledge of an injury or medical condition...
by Scott O'Mara | Jul 14, 2021 | Legal
The California Workers’ Compensation system is designed to provide benefits to injured workers in the form of: Medical care to cure or relieve the effects of a work-related injury. Payments in the form of temporary disability benefits. (And for safety...
