The Court of Appeal Issued a Published Decision on Ex Parte Communications with a Physician and Reimbursement for Caregiver Services was Unreasonable
- Posted By: Harvey Brown
- February 1, 2011
This is a very significant case for workers’ compensation principles in that it discusses the current case law.
The applicant was injured on August 20, 1999. It was an admitted injury. A second claim was filed for a cumulative trauma. A Stipulation With Request for Award was entered for injury with 100 % permanent disability. Jurisdiction was reserved on the stipulation for attendant care by lien claimant.
The Workers’ Compensation Judge (WCJ) disallowed the lien on substantial evidence grounds. The lien claimant successfully petitioned for reconsideration and the Workers’ Compensation Board (WCAB) instructed the WCJ to develop the record. The WCJ ordered the parties to a physician . Without notice to the defendant the lien claimant sent medicals to the physician. The WCJ and WCAB eventually awarded the lien claimant $1,520,640 in attendant care.
The appellate court found that ex parte communications violated defendants due process rights. They also found the degree of care awarded was unreasonable and remanded the case back for further proceedings.
Editor: Harvey Brown
Firm: Samuelsen, Gonzalez, Valenzuela and Brown
Address: 18881 Von Karman # 250 Irvine 92612
- Posted In: Liens, Work Injury
The Court of Appeal Issued a Non Published Decision on the Issue of Vocational Rehabilitation
- Posted By: Harvey Brown
- January 1, 2011
This is a very significant case for workers’ compensation principles in that it discusses the current case law.
The applicant was injured on April 28, 1999. It was an admitted injury. On December 2, 2008 the applicant filed a request for vocational rehabilitation services. On December 29, 2008 the Rehabilitation Unit determined the applicant was entitled to rehabilitation services. This was a final appealable order.
The employer did not file an appeal. The case was heard by a Workers’ Compensation Judge (WCJ) to enforce the award on June 28, 2009. It was stipulated that the adjuster did not review the award until April 29, 2009. No appeal was filed.
The WCJ awarded rehabilitation services. The employer filed a petition for reconsideration indicating that the applicant’s rights did not vest prior to the sunset of vocational rehabilitation services January 1. 2009.
The Workers’ Compensation Appeals Board (WCAB) agreed with the employer and reversed the WCJ.
The appellate Court reversed the WCAB on the grounds the decision was not appealed by the employer. If the decision of the Rehabilitation Unit would have been appealed then the sunset provision would have applied.
Editor: Harvey Brown
Firm: Samuelsen, Gonzalez, Valenzuela and Brown
Address: 18881 Von Karman # 250 Irvine 92612
Phone: 949 252-1300
- Posted In: Vocational Rehabilitation