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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
VT Reform Study Concludes WC State Out of Line
01/20/2004
" liability; creating a presumption of liability that runs
counter to workers' compensation law. The law should be corrected to reaffirm
the well-accepted doctrine that the burden of proof for a work injury is on the
injured worker recommends report authors.
A copy of the report is available at http
Category: News
CA DWC Reminder: ACOEM Guideline Orientations, LA & SF
01/14/2004
the effective date of the presumption.
Orientation sessions on the practice guidelines have been scheduled for Jan. 22 2004 in Los Angeles at the Airport Marriott Hotel and for Jan. 27 in San Francisco at the Westin. St. Francis Hotel.
The sessions are sponsored by ACOEM the Division of
Category: News
CA WCAB Establishes Proof Order in Cancer Cases
12/18/2003
cancer presumption applicable to active firefighters and peace officers.
LC 3212.1 provides that injury as applied to the covered class in the section includes cancer if the employee demonstrates that he or she was exposed to a known carcinogen. Subdivision d of 3212.1 says that the cancer is
Category: News
Riverside Co May Eliminate Smoking to Reduce WC
12/17/2003
the Board of Supervisors is the Labor Code presumption of cancer and heart disease for law enforcement and fire personnel. Eliminating smoking is presumed to lower the county's work comp risks in part because of the presumption and also because of studies indicating that smokers get sick more often
Category: News
Coalition Takes on Schwarzenneger Bill Side by Side
12/05/2003
needs or agrees that all treatment may be provided without regard to the managed care provisions of the HCO contract.
4. Permits pre-designation from the HCO list of doctors.
5. Creates a presumption of correctness for the HCO treating physician as to medical treatment.
6. Permits unlimited
Category: News
Schwarzenegger/Maldonaldo Bill Detailed
11/20/2003
are expanded and made more liberal.
7. LC 4061 examinations will be limited solely to the compensability of an injury. 8. The primary treating physician presumption would be abolished in its entirety.
9. The definition of medical treatment would be radically redefined by amending Labor Code 4600 to
Category: News
Mushy Law Means CA Reform Savings Uncertain
11/04/2003
primary treating physician's presumption could be anywhere from 700 million to 4.5 billion in annual medical costs according to the testimony received by Garamendi.
Frank Neuhauser project director at the DATASurvey Research Center at the University of California Berkeley which performed an
Category: News
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