Liability for Temporary Disability When Employee Refuses Work
February 21st, 2024Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP Temporary disability (TD) benefits serve as wage replacement during the period an injured worker is healing from an industrial injury. An employer’s obligation to pay TD benefits ceases when such replacement income is no longer needed. The obligation to pay TD benefits ends when […]
Understanding the Premises Line Rule
January 16th, 2024Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP Under the judicially created going and coming rule, an employee’s injury while commuting to and from work is not compensable under the workers’ compensation system, absent special or extraordinary circumstances. That’s because long ago, the California Supreme Court believed that an employee going to […]
Special Report: WCAB Must Act on Petition for Reconsideration Within 60 Days
December 20th, 2023Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP The Workers’ Compensation Appeals Board (WCAB) has historically and increasingly faced a struggle to handle the volume of cases that come its way. As a result, too often it has failed to take action on a filed petition for reconsideration within the statutorily required […]
Expedited Review of Requests for Treatment
October 17th, 2023Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP 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 […]
Service of Qualified Medical Evaluator Panels
Sept 20th, 2023Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP 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.” […]
Nunes II: WCAB Upholds Vocational Apportionment as Invalid
August 31stSure LogAttorney of Counsel, Michael Sullivan & Associates, LLP 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: Labor Code § 4663 “requires a reporting physician to make an apportionment determination and prescribes the standard for apportionment. The Labor Code makes […]
How to Handle Pending Appeals Following Earley v. WCAB
August 16th, 2023Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP On Aug. 1, 2023, the 2nd District Court of Appeal issued its decision in Earley v. WCAB invalidating the long-standing practice of the Workers’ Compensation Appeals Board (WCAB) to grant petitions for reconsideration without first deciding whether reconsideration is warranted. The court held that grant-for-study orders […]
Court Invalidates Common WCAB Reconsideration Practice
August 2nd, 2023Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP On Aug. 1, 2023, the 2nd District Court of Appeal issued its decision in Earley v. WCAB invalidating the long-standing practice of the Workers’ Compensation Appeals Board (WCAB) to grant petitions for reconsideration without first deciding whether reconsideration is warranted. It held that pursuant to Labor […]
Request for a Replacement Panel Pursuant to Romero
July 18th, 2023Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP The Labor Code describes different procedures for requesting a panel of qualified medical evaluators (QMEs). Labor Code § 4062.1 controls the procedure by which parties may obtain a medical evaluation to address a disputed issue pursuant to LC 4060, LC 4061 and LC 4062 […]
Striking a Qualified Medical Evaluator and the Mailbox Rule Revisited
In represented cases in which a panel of qualified medical evaluators (QMEs) is required to resolve a disputed issue, Labor Code 4062.2(c) states, “Within 10 days of assignment of the panel by the administrative director, each party may strike one name from the panel.” Pursuant to Messele v. Pitco Foods, Inc. (2011) 76 CCC 956 (appeals board en banc), it […]