Current Newsletters
MEDICAL CARE CAN EXPAND
The worker that has a job related injury can be entitled to receive medical care to cure or relieve the effects of the injury. Typically, the medical care is ascribed to a particular system and/or body part that were injured in the job-related event, and the medical care can be expanded. There can also be supplemental medical care that is connected to a particular body part and/or systems that were not specifically injured in the...
PROTECTION FOR INJURED WORKERS UNDER THE FIVE-YEAR WINDOW
Workers’ Compensation cases are typically resolved through a trial with a Findings and Award by the Court; a Stipulations with Request for Award agreed to by the parties with an Award by the Court; and/or a Compromise and Release with an Award by the Court. In the case of both the first two procedures (a trial with a Findings and Award; and Stipulations with an Award), a section in the Labor Code grants the Workers’ Compensation...
REVIEW OF WORKERS’ COMPENSATION BILLS ENACTED OR VETOED BY THE GOVERNOR
Assembly Bill 1749, introduced by Assembly Member Tom Daly, allows cities and counties to cover officer injuries allegedly sustained off duty while they are working outside the state of California. Newsletter 2017 Issues #10 and #12, as well as Newsletter 2018 Issues #1 and #2, discuss this bill. The final bill which was signed by Gov. Brown opens the door for officers to receive this benefit, but it does not provide...
THE DREAM THAT BECAME A NIGHTMARE
As many readers are aware, the current Workers’ Compensation system was amended to incorporate Utilization Review (UR) and Independent Medical Review (IMR). The dream for this change was that it would expedite injured workers’ access to the medical care they need, so the system would be more efficient and workers could be treated with fewer delays and thereby recover more quickly. Unfortunately, however, the truth is that the opposite of what...
CONTINUATION OF 420-WEEK EXTENSION FOR FAMILY MEMBERS OF DECEASED SAFETY OFFICERS TO ACCESS DEATH BENEFITS IS NEEDED
ob-related injuries may allow for several remedies regarding the need for medical care, the nature and extent of same, and time off from work for the injured worker. Job-related injuries also may provide separate and independent death benefits to the worker’s dependents in the event the worker dies as a result of the work injury, but specific legislation sets forth that an injured worker’s dependents’ opportunity to procure death...
MANY PENDING LEGISLATIVE AND JUDICIAL DECISIONS WILL IMPACT CALIFORNIA INJURED WORKERS AND THEIR FAMILIES
This newsletter presents a review of pending legislative changes to correct inadequacies in the California Workers’ Compensation system, and discusses a pending Supreme Court decision regarding the degree of accountability of Utilization Review doctors. Law1199.com Newsletter 2017 Issue #12 first discusses a bill which at that time was soon to be introduced by Assemblyman Tom Daly — a legislative proposal which...
LURE TO ADEQUATELY COMPENSATE FORENSIC DOCTORS HAS CAUSED A MAJOR DECREASE IN QME’s AND AME’s
The California Workers’ Compensation system is unique regarding the benefits offered and the process involved in proving a case to enable injured workers to obtain access to medical care. The legislation enacted has established a template which involves forensic doctors who evaluate injured workers to determine whether their injuries are job-related (and assess what percentage is work-related if apportionment is involved),...
RECENT SUPREME COURT DECISION IN JANUS v. AFSCME RAISES QUESTIONS FOR ASSOCIATIONS
On 6/27/18, the U.S. Supreme Court issued its decision in Janus v. AFSCME. The barrage of commentary which has followed may render it difficult for the many police officer associations affected by this decision to discern what is important. Therefore, I am providing the following question-and-answer series to provide guidance to these associations regarding the significance of the Janus decision. QUESTION #1: Does...
BILL 899 SEEKS TO ELIMINATE DISCRIMINATION BASED ON HEREDITARY OR GENETIC BACKGROUND
Senate Bill 899, introduced by Sen. Pan on 1/16/18, has passed the State Senate, and as of 5/29/18 has proceeded to the Assembly for that body’s first reading of this legislative proposal. SB 899 seeks to identify and eliminate discrimination which occurs against California workers based on their hereditary or genetic background. Over the years, fortunately, progress has occurred in this area of discrimination, and...
SUPREME COURT TO DECIDE UR DOCTOR ACCOUNTABILITY IN KING CASE – FIRST STEP IN CORRECTING FAILURES OF THE CALIFORNIA WORKERS’ COMPENSATION SYSTEM?
On May 29, 2018, the California Supreme Court will hear an oral argument in the case of King v. CompPartners,Inc. After argument is made, the Court will have 90 days to provide its opinion regarding same. This case was previously discussed in Law1199.com Newsletter 2016 Issue #2. The focus of Mr. King’s case involves the harm he claims was done to him by the cessation of his medical treatment based on the determination of the...
