For injuries occurring on or after January 1, 2004, Labor Code Section 4604.5(c)(1) limits an applicant to twenty-four (24) chiropractic, physical therapy, and occupational therapy treatments. There are; however, three exceptions that allow for additional visits, defined as follows: a. When the injury occurs prior to 1/1/2004,b. When an exception is authorized in writing by …
The 24-Visit Cap: A Sixty-Second Seminar in Workers’ Compensation Claims HandlingRead More
When a dispute arises between an Applicant’s Attorney (AA) and a claims adjuster (even if trivial in the grand scheme of things), AA may issue a notice of deposition to the adjuster. While we would like to believe that such notices are not issued out of spite or harassment we can only speculate. One thing …
Do you know when to use a subpoena versus a medical release or public record? Once again, our blog will discuss yet another topic where education is not readily available. Today we will quickly go over the major differences in obtaining records through subpoenas, medical releases, and public records. As a procedural tip be certain …
Our blog today concerns a developing trend at the appeals board where settlement agreements designed to forever close claims are now being set aside, resulting in the files being reopened with litigation resuming. This trend is growing at such a rate that employers now need to employ additional protections to preserve their C&R settlements. For …
C&R Rescission: A Sixty-Second Seminar in Workers’ Compensation Claims HandlingRead More
It is quite common for an employee to file a claim for Unemployment Insurance benefits (UI) after an employee is laid off; however, to receive up to 26 weeks of UI benefits the ex-employee must certify under the penalty of perjury they were available for and capable of working every day. During the 26 weeks …
Inconsistent Testimony: A Sixty-Second Seminar in Workers’ Compensation Claims HandlingRead More
Today’s blog asks a simple question: when should an injured worker opt for temporary disability benefits under California’s workers’ compensation act in lieu of salary replacement? The worker’s answer will likely depend on their personal financial situation and the variety of factors we list below. It may surprise you to learn that in some instances …
Full Salary and TD: A Sixty-Second Seminar in Workers’ Compensation Claims HandlingRead More
In California, an injured worker’s exclusive remedy against an employer for injuries arising out of an industrial accident is subject to the provisions of the Workers’ Compensation Act, found within our state constitution at Article XIV, Section 4, which provides that any dispute between the worker and their employer over the worker’s entitlement to benefits …
Employer Civil Liability: A Sixty-Second Seminar in Workers’ Compensation Claims HandlingRead More
After incurring an industrial accident most employers are usually very busy investigating the incident and reporting the injury to their workers’ compensation insurer or administrator. Employers also interview witnesses, obtain statements, fill out internal accident reports, present a DWC-1 Claim Form to the injured worker and arrange for medical care. All the foregoing are necessary …
Claim Form Consequences: A Sixty-Second Seminar in Workers’ Compensation Claims HandlingRead More
