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WCAB Dismisses QME Petition, Citing Lack of Jurisdiction
03/26/2018
administrative director improperly denied Dr. Simon reappointment as a QME and asks the WCAB to invalidate that action the order said. However no statute or regulation authorizes the WCAB to hear challenges to the ADs non-reappointment of a QME.
Nicholas Roxborough co-managing partner of Roxborough
Category: News
QME Takes Case for Reappointment to Appeals Board
02/26/2018
reappoint him.
Nicholas Roxborough
Dr. Benjamin Simon of Agoura argues that the division violated his due process rights by denying his reappointment as a QME without any authorized legal grounds for doing so.
The DWC improperly cited billing violations as the reason for denying reappointment
Category: News
QMEs Allege Additional Underground Rules Limit Billing for Research Time
02/23/2018
California qualified medical evaluators have lodged another complaint about underground rule-making in their nearly two-year fight with the Division of Workers Compensation over how the agency is handling requests for recertification.
Nicholas Roxborough
Six former QMEs in an amended
Category: News
Re: Lingering questions regarding Med-legal reports (California)
02/10/2018
went into the court opinion. So many citations so much knowledge. Maybe someone can tell me how the 25 page opinion was released on the same say as the hearing
anyways thanks to Nicholas Roxborough and his firm to Susan Honor and to Judge Chalfant the Medical unit ate crow and washed it down
Category: Forums
Judge Finds Unreasonable Delays, Possible Underground Rules in QME Denials
02/07/2018
.
Nicholas Roxborough
The relatively straightforward issues concerning the reappointment the fact that the matter is important to petitioners livelihood and reputation and the fact that DWC probably erred in relying on underground regulations require that the post-termination hearing should have
Category: News
QMEs to Try Again on Jurisdiction Question in Suit Against DIR
01/10/2018
Relations.
Nicholas Roxborough
In a tentative ruling last month Los Angeles County Superior Court Judge James Chalfant held that the Workers Compensation Appeals Board has exclusive jurisdiction over accusations that DIR changed its interpretation of billing rules without going through the
Category: News
Judge: QMEs Denied Reappointment Should Get Hearing Within Three Months
12/14/2017
violations and any disagreements would have to be resolved by a judge.
But without a hearing and a decision from a judge he said the DWC keeps on bullying the corps of QMEs.
Nicholas Roxborough co-managing partner of Roxborough Pomerance Nye & Adreani in Los Angeles said that notwithstanding
Category: News
No Injunction in QME Dispute; Judge Questions Jurisdiction to Hear Complaint
12/08/2017
underground rule-making.
Nicholas Roxborough
As a consequence of WCABs exclusive jurisdiction petitioners cannot directly challenge the proper interpretation of DWCs regulations including that DWCs interpretation of its own regulation constitutes an underground regulation through
Category: News
Training Program Covers Billing Rules Challenged as Underground Regulations
11/17/2017
and its many caveats seem to bear this out he said
Nicholas Roxborough co-managing partner of Roxborough Pomerance Nye & Adreani in Los Angeles said the training video embodies the divisions interpretation of the regulations he is challenging in court.
He said he doesnt know why the
Category: News
Judge Expedites Hearing in QME Certification Dispute
10/25/2017
Medical providers who say the Division of Workers' Compensation used underground regulations to summarily deny their recertification as qualified medical evaluators wont have to wait for the New Year to get their day in court.
Nicholas Roxborough
Los Angeles County Superior Court Judge
Category: News
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