Current Newsletters
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...
PSOB – THE FEDERAL GOVERNMNET’S PROGRAM TO PROTECT PUBLIC SAFETY OFFICERS AND THEIR FAMILIES
Various governmental entities in this country acknowledge the unique exposures safety officers have in their employment situation which can lead to a variety of injuries. Of particular relevance to California officers are the state laws providing Workers’ Compensation benefits in the event of a job-related injury. Significantly, however, the Federal Government also has a program — the Public Safety Officers’ Benefits...
UR & IMR PROBLEMS CONTINUE
Labor Code §139.5 addresses the Independent Medical Review (IMR) process, which commenced for injuries occurring on or after January 1, 2013, setting forth a cloak of protection and secrecy for the doctors who participate in the IMR protocol. This protocol is the appeal vehicle for injured workers whose recommended medical care has been denied by the Utilization Review (UR) process. In both cases — UR and IMR — the reviewing...
ASSEMBLY BILL 1749 PROVIDES PROTECTION NEEDED FOR OUR FIRST RESPONDERS By Scott O’Mara
Law1199.com Newsletter 2017 Issue #12, published in November 2017, addresses the legislative changes introduced on January 3, 2018, by Assembly Member Daly through Assembly Bill 1749. This bill was principally co-authored by Assembly Member Quirk-Silva and Senator Bates, and also co-authored by Assembly Members Grayson, Mayes and Rodriguez and Senator Wilk. AB 1749 is direct in its attempt to eliminate ambiguity and the wall of...
UR & IMR PROBLEMS CONTINUE; SAFETY WORKERS UNFAIRLY CRITICIZED; WORKERS’ COMP REFORM NEEDED TO RESTORE CHECKS AND BALANCES
Labor Code §139.5 addresses the Independent Medical Review (IMR) process, which commenced for injuries occurring on or after January 1, 2013, setting forth a cloak of protection and secrecy for the doctors who participate in the IMR protocol. This protocol is the appeal vehicle for injured workers whose recommended medical care has been denied by the Utilization Review (UR) process. In both cases — UR and IMR — the reviewing doctors...
CONTINUATION OF 420-WEEK EXTENSION FOR FAMILY MEMBERS OF DECEASED SAFETY OFFICERS TO ACCESS DEATH BENEFITS IS NEEDED
Job-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 sepa¬rate 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...
Assembly Bill 1749 Provides Protection Needed For Our First Responders
Law1199.com Newsletter 2017 Issue #12, published in November 2017, addresses the legislative changes introduced on January 3, 2018, by Assembly Member Daly through Assembly Bill 1749. This bill was principally co-authored by Assembly Member Quirk-Silva and Senator Bates, and also co-authored by Assembly Members Grayson, Mayes and Rodriguez and Senator Wilk. AB 1749 is direct in its attempt to eliminate ambiguity and the wall of...
