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SBX4 2 and ABX4 15 Appear Favored CA Reform Vehicles

03/15/2004
complete elimination of any presumption attached to the treating physician. Rather than limiting the admissibility of AME reports the bill was amended to provide for the admissibility of such reports if it meets certain standards. Some penalty provisions under the bill that previously were discretionary

Category: News

FL 1st: AOE/COE Scope Limited if Drug Testing Not Proper

03/08/2004
decision in the case 831 So. 2d 1236 1236 Fla. 1st DCA 2002. Benefits were denied because the judge applied the presumption under section 440.097 that the injury was caused by an illegal substance. The court reversed on the first case because as noted above the presumption was unsupported by

Category: News

San Mateo, CA Considers Smoking Ban for Officers

03/04/2004
to save the county millions of dollars a year in workers' compensation costs. Labor Code section 3212.1 makes it a presumption that a law enforcement officer was injured AOECOE if a cancer manifests itself during employment or if it can be demonstrated that there was an exposure to carcinogens

Category: News

CAAA Banking on CA Employees to Defeat Initiatives

03/02/2004
president said the road to the present system's problem was a long one and the product of "stupid ideas creating stupid results" a reference to the 1993 introductions of the primary treating physician's presumption and deregulation of carriers. Stating that the Governor's approach was a good way to

Category: News

Labor Wins in Preliminary MD Reform Attempt

02/27/2004
doctors chosen by their employers and weaken the " presumption" of occupational illness for police and firefighters. However the Labor's fight isn't over yet and the Committee still must submit its recommendations to to standing House and Senate committees where the bills have been assigned for formal

Category: News

Alarcon Funding Bill Moves Forward; New Plan Introduced

02/26/2004
. Limits medical-legal evaluations to the issue of compensability. Repeals the treating physician presumption entirely and establishes an independent medical review system to take the place of existing procedures for medical-legal evaluations. The DIR would be responsible for contracting with IME

Category: News

WCIRB Unwilling to Give Alarcon Estimate of SBX 4 Savings

02/20/2004
Medical Utilization SBX4 3 contains a number of provisions intended to address medical utilization. The proposed amendments to Labor Code Section 4062.9 fully repeal the rebuttable presumption given to the primary treating physician. The proposed amendments to Labor Code 4600b include a definition of

Category: News

CA 5th: 3212.2 Presumption Not Apply to City Employee

01/30/2004
The Fifth Appellate District Court of California in an unusual move denied a Petition for Writ of Review with a written opinion not certified for publication and thus not stare decisis stating that the presumption of injury applicable to state correctional officers does not extend to municipal

Category: News

Schwarzenegger Vetoes 2 'Narrowly Drawn' Comp Bills

01/23/2004
legislature that he is seeking a broad reform of the entire work comp system the Governor also vetoed AB 968 by Assemblyman Lou Correa D-Santa Ana. AB 968 would have created a presumption that any adverse reaction injury disability or death incurred by an employee as a result of vaccination or

Category: News

CWCI Studies Evidence Based Treatment Guidelines

01/22/2004
societies admissible before the WCAB and made medical utilization guidelines presumptively correct in regard to the extent and scope of treatment with guidelines of the American College of Occupational and Environmental Medicine ACOEM given the presumption until a new schedule is adopted. ACOEM

Category: News

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