2nd District Court of Appeal Rejects Patterson Exception to UR/IMR
Nov 13, 2025 In an important development, the well-known Patterson case has been reversed by a Court of Appeal. Patterson is the significant panel decision that held that certain types of continuing care were not subject to utilization review (UR) and independent medical review (IMR). This decision, Illinois Midwest Insurance Agency LLC v. WCAB (Rodriguez) has held that the Patterson reasoning was inapposite […]
WCAB En Banc Affirms and Expands Coldiron Disclosure Duties
For more than two decades, the law governing the identification of liable parties has been shaped by the Workers’ Compensation Appeals Board’s en banc decisions in Coldiron v. Compuware Corp. In Coldiron I,[1] the WCAB held that a third-party administrator (TPA) has a duty to disclose the identity of its client — whether a self-insured employer or an insurance carrier. Crucially, […]
WCAB Clarifies Procedure for Submitting Sub Rosa Video to QMEs
The use of sub rosa surveillance video is a powerful tool in workers’ compensation, often used to challenge an applicant’s credibility regarding the claimed level of disability. The timing and procedure for providing such evidence can be a point of significant dispute. The Workers’ Compensation Appeals Board (WCAB) has long recognized that a defendant may withhold surveillance […]
WCAB Warns Against Unchecked Use of AI in Legal Pleadings
The use of artificial intelligence (AI) is increasing throughout society, and its use in law is no exception. AI provides tools for lawyers to quickly and effectively deliver legal services. Many lawyers use AI for both routine and complicated legal tasks, and those who do not risk falling behind. As an emerging technology, however, AI […]
WCAB En Banc Holds Oral Request at Trial Sufficient for Electronic Witness Testimony
Effective Jan. 1, 2022, the Workers’ Compensation Appeals Board (WCAB) adopted regulations regarding electronic hearings. Remote hearings initially were used during the COVID-19 pandemic, but because such proceedings increased access to the workers’ compensation system for parties, their representatives and the public, the WCAB believed that making the changes permanent would benefit the public and […]
3rd DCA Clarifies Credibility Standards and Discovery Rules
The procedural rules governing discovery in workers’ compensation cases serve critical purposes in ensuring fair and efficient adjudication. In particular, Labor Code 5502(d)(3) establishes that discovery closes on the date of the mandatory settlement conference (MSC), with strict limitations on the admission of evidence not disclosed in pretrial conference statements. Those rules are fundamental to […]
Compensability of Injuries Occurring at Home
California has seen an increase in the number of workers who work remotely from home. In response to the COVID-19 pandemic and the statewide stay-at-home order, employers across the state implemented changes to allow employees to work from home to keep their businesses running during the pandemic. Those changes are still being felt, as many […]
WCAB EN BANC Holds Replacement Panel Not Automatic for Failure to Timely Schedule an Evaluation
California Code of Regulations 31.3 establishes the rules for scheduling appointments with a qualified medical evaluator (QME) selected from a panel. CCR 31.3(e) establishes when a QME must be available for an appointment and states, “If a party with the legal right to schedule an appointment with a QME is unable to obtain an appointment […]
Employer Credit in Third Party Workers’ Compensation Settlements
When an employee is injured during the course of employment due to the negligence of a third party, the worker may file a workers’ compensation claim against the employer and a civil claim for damages against the responsible third party. An employee is entitled to workers’ compensation benefits regardless of whether he or she or […]
Multiple QME Panels in Cumulative Trauma Claims Involving Multiple Defendants
Pursuant to Labor Code § 5500.5(a), liability for a cumulative trauma (CT) injury is limited to the employer(s) that employed the worker during the one-year period immediately preceding the date of injury (LC 5412), or the last date of injurious exposure, whichever occurs first. That means multiple employers or insurers can be liable for a CT […]