The Division of Workers’ Compensation Appeals Board announced that the Eureka satellite office will close their physical location in Eureka on July 1, 2021.
Read MoreNew rules governing payment for medical-legal evaluations are taking effect April 1, 2021. These new rules will significantly increase the cost of such evaluations. Because these fees relate to evaluations for the purpose of proving or disproving a contested claim the charges may also be applicable to reports by primary treating physicians as well as QMEs and AMEs.
Read MoreGoldman Magdalin & Krikes is pleased to announce that our partner Jo Anne Morales has assumed management of our Sacramento office. Ms. Morales will continue as managing partner of our Fresno office, and as a certified specialist in Workers’ Compensation brings her legal experience, knowledge, and commitment to customer service to the Sacramento region. Ms. Morales may be reached via email or by telephone at: jmorales@gmklaw.com (559) 449-6000.
Read MoreMediation of workers’ compensation cases is becoming more widely recognized as a way of resolving all types of cases of any nature, in particular those that do not seem to be amenable to resolution for any number of reasons including for example, when an applicant’s attorney does not appear to have client control.
Read MoreEffective 1/1/2021, the mileage rate for medical treatment and medical-legal travel expense incurred on or after 1/1/2021 has been reduced to 56 cents per mile.
Read MoreWhat does SB 1159 do?
SB 1159 codifies Executive Order N-62-20 and establishes two additional rebuttable presumptions for employees contracting COVID-19:
1. Frontline workers: peace officers, firefighters, healthcare providers, homecare workers, and IHSS workers.
2. General presumption for employees who contract COVID-19 in the midst of a workplace outbreak.
Since the beginning of the COVID-19 crisis, the DWC has maintained a limited staff in each of its 24 district offices and has not been accepting walk-in requests or walk-through filings.
The Division of Workers’ Compensation (DWC) has announced updated disability rates for 2021. As of January 1, 2021, the minimum TD rate will increase to $203.44 per week and the maximum TD rate will increase to $1,356.31 per week.
The Division of Workers’ Compensation (DWC) has announced updated disability rates for 2021. As of January 1, 2021, the minimum TD rate will increase to $203.44 per week and the maximum TD rate will increase to $1,356.31 per week.
The DWC has issued a final ruling on a long-standing anti-fraud case against convicted medical provider Michael E. Barri, D.C. At issue was $18 million in medical liens filed in 944 workers’ compensation cases. Dr. Barri was suspended from participating in the workers’ compensation system on April 3, 2017 following a guilty plea to federal conspiracy charges and illegal kickbacks from patients.
The California Legislature has set forth three COVID-19 presumption bills, with AB196 and AB 664 failing to be passed. SB1159 has been sent to Governor Newsom for signature. The bill codifies Executive Order N-62-20 and establishes two rebuttable presumptions for employees contracting COVID-19:
On August 12, 2020, the DWC issued additional guidance regarding hearing procedures that will go into effect on August 17, 2020. Beginning August 17, 2020 our “new normal” of telephonic appearances will remain in place for Mandatory Settlement Conferences, Priority Conferences, Status Conferences, Case-in-Chief Trials, Lien Conferences, and Expedited Hearings.
It can come as an unpleasant surprise to see a bill of only a few hundred dollars mushroom into a claim for payment of a few thousand dollars, when a medical-legal provider adds not only penalties and interest, but also “costs, sanctions, and attorney’s fees” to its payment demand.
The Sixth Appellate District recently ruled in County of Santa Clara v. WCAB (Justice) that defendants are entitled to non-industrial apportionment of permanent disability due to total knee replacements, thus limiting the prior holding of Hikida.
Read MoreThe DWC has issued an updated Newsline regarding the policies and procedures before the WCAB due to the ongoing COVID-19 pandemic. The existing policies and procedures from the earlier April 3 and April 28 DWC’s Newslines have been extended. Some minor changes regarding lien hearings, as detailed below, will go into effect on June 8, 2020.
Read MoreOn May 6, 2020, Governor Gavin Newsom signed Executive Order N-62-20 creating a temporary rebuttable presumption for COVID-19 cases. The Executive Order will apply for 60 days from May 6, 2020 and applies retroactively to all claims made as of March 19, 2020.
Read MorePlease note that the filing procedures based on the DWC Newsline seem contradictory. At this time, our understanding is that filings must still be done via e-filing or by mail. The Board will not accept any in-person filings. This is consistent with the previous guidance issued on March 16, 2020, and remains our understanding until further clarification is issued by the board.
Read MoreThe Division of Workers’ Compensation (DWC) has issued an important update regarding the modified hearing calendar and filing procedures. This is effective as of April 6, 2020 but may be changed as circumstances dictate.
Read MorePursuant to DWC Newsline Dates March 19, 2020, Guidance on Medical Evaluations
Read MoreWhen a case is settled by Compromise and Release for $25,000 or more with an applicant that is on Medicare, or is expected to be on Medicare within 30 months, the best practice is to obtain a Medicare Set-Aside agreement to prove that it is not the intent of the parties to shift liability to Medicare for future medical treatment.
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