Featured Articles from the Blog

Workers’ Comp IMR: Take As Long As You Want

Independent Medical Review is the appeal process in workers’ compensation for Utilization Review denials of medical treatment.  The IMR appeal goes to an anonymous state assigned doctor who issues a binding, non-appealable decision. Labor Code § 4610.6(d) states that the decision shall be made within 30 days within receipt of the supporting documents.  The purpose of the time line is to ensure prompt decisions on medical treatment disputes in workers’ compensation cases. What happens if the IMR decision is late, even by months, in violation of the 30 day rule?  Does the injured worker get the treatment, or does the dispute get assigned to another doctor?  Nothing happens, according to… Read More »

A Conversation With Grandma

“I think your clients should pay better attention to what they are doing and they wouldn’t get hurt,” Grandma said in a fit of defense attribution.  This is not an uncommon attitude that plaintiff’s personal injury attorneys find everywhere, even in usually supportive grandmas. “Yes, yes,” I responded to her to engage her to listen to what I had to say next, “But really, NO.” I pointed to an unmarked planter curb and the many wheel stops in the parking lot of a big box store.  “Granted, people should watch where they step so they do not trip over those many tripping hazards, but they are often navigating around a… Read More »

Missed the Deadline for RTWSP? It may not be too late!

DIR Issues Notice of Public Hearing on April 15, 2016 for Proposed Modification to Return-to-Work Supplement Program There are timelines associated with obtaining the Return-to-Work Supplement Program (RTWSP) check of $5,000.  At this time an application for the Return-to-Work Supplement (RTWS) must be received by the Return-to-Work Supplement Program within one year from the date the Voucher was served on the individual or within one year from the effective date of the regulations, whichever is later. 8 CCR Section 17304.  This deadline has run for many injured workers as of April 13, 2016 (1 year from the April 13, 2015 effective date).  The California Applicants’ Attorneys Association (CAAA) has petitioned… Read More »