Featured Articles from the Blog

Workers’ Compensation Medical Treatment: A Constitutional Right?

Past blogs have addressed the problems in workers’ compensation injured workers are having receiving medical treatment for their industrial injuries.  Independent Medical Review (IMR) is denying treatment in 85% of cases without a medical exam or right to court review.  The constitutional bargain that injured workers get medical treatment for industrial injuries with the right to judicial review looks broken. However, in Stevens v WCAB, the Court of Appeal has granted an injured workers’ appeal of a denial of medications and home care.  Ms. Stevens (a real injured worker with real and serious injuries!) contends that the IMR provisions have unconstitutionally abridged her right to appeal the denial of medical… Read More »

“Duty” of Reasonable Conduct

Some people perceive our courts as a monolithic system of black-letter rules of procedure and laws where justice is meted.  Nothing could be further from the truth.  In personal injury law, there is a constant tugging and pushing between those who defend money and those who are seeking compensation for injuries.  One of the greatest battlegrounds is “duty.”  There is constant conflict between those who understand there is a duty of reasonable conduct to others; while some believe they are not “free” unless they owe nothing to others. For instance, in a premises liability case in San Diego, a window sill was nearly a foot deep, inviting people to sit… Read More »

HOW DO I OBTAIN MEDICAL TREATMENT IN MY WORKERS’ COMPENSATION CASE?

Injured workers ask this question on a daily basis. What might surprise you is that many workers’ compensation doctors ask themselves the same question concerning their patients. The legislature has implemented laws that often provide a road block to medical treatment. Denials of medical treatment force limitations on doctor’s treatment plans. It is wise to ask for help in dealing with denials of medical treatment before it is too late! As indicated in previous blogs, Utilization Review (UR) and Independent Medical Review (IMR) have made obtaining medical treatment much more difficult for workers. UR treatment denial decisions are made by insurance company hired doctors/practitioners. Unless that denial is untimely, the… Read More »

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