MICHAEL SULLIVAN & ASSOCIATES BLOG

An employer must conduct utilization review (UR) to determine whether to approve, modify or deny a request for treatment. If the medical services have not been provided, Labor Code 4610(i)(1) normally requires the UR determination to be made within "five normal business days from the receipt of a request for authorization for medical treatment and supporting information reasonably necessary to make the determination, but in no event more than 14 days from the date of the medical treatment recommendation by the physician." California Code of Regulations § 9792.9.1(c)(3) generally requires prospective or concurrent UR decisions to be made within five business days from the date of receipt of the completed DWC form RFA (request for authorization).

The California Legislature has concluded its final session of the year, passing an abundance of new employment laws. Now that the Governor’s time to veto, approve, or allow these bills to take effect has passed, here are some key new laws that California employers should be aware of. Please note that this is only a summary of important new laws, and covers neither every new law nor every aspect of the laws below.

It’s the September Rhino Round-up! Last month was filled with amazing events at MS&A, featuring football games, tiki cruises, and industry conferences!

If you'd like to join MS&A at one of our upcoming events, just follow us on one of our social media channels--we're on LinkedIn, Instagram, Facebook, and X. We'd love to have you attend one of our events!

Labor Code § 4062.2 establishes the procedure to be followed "[w]henever a comprehensive medical evaluation is required to resolve any dispute arising out of an injury or a claimed injury occurring on or after January 1, 2005, and the employee is represented by an attorney." A party may request a panel of qualified medical evaluators (QME panel) the first working day that's at least 10 days after the date of mailing a request for a medical evaluation pursuant to LC 4060, or the first working day that's at least 10 days after the date of mailing an objection pursuant to LC 4061 or LC 4062.

MS&A had a blast at the CAJPA Fall Conference last week! Thanks to everyone who made it a memorable event and we’ll see you again next year!

If you'd like to join MS&A at one of our upcoming events, just follow us on one of our social media channels--we're on LinkedIn, Instagram, Facebook, and X. We'd love to have you attend one of our events!

It's the August Rhino Round-up! From conferences to escape rooms and summer parties, August was a great month for connecting with clients and colleagues!

If you'd like to join MS&A at one of our upcoming events, just follow us on one of our social media channels--we're on LinkedIn, Instagram, Facebook, and Twitter. We'd love to have you attend one of our events!

On June 22, 2023, in Nunes v. State of California, Dept. of Motor Vehicles,^[1] the Workers' Compensation Appeals Board (WCAB) issued an en banc holding that:

1. Labor Code § 4663 "requires a reporting physician to make an apportionment determination and prescribes the standard for apportionment. The Labor Code makes no statutory provision for 'vocational apportionment.'"
2. "Vocational evidence may be used to address issues relevant to the determination of permanent disability."
3. "Vocational evidence must address apportionment, and may not substitute impermissible 'vocational apportionment' in place of otherwise valid medical apportionment."

The WCIRB California's 2023 State of the System Report revealed that shares of self-insurance vary widely by industry and are relatively low in most cases.