Showing posts with label DENIED CLAIMS. Show all posts
Showing posts with label DENIED CLAIMS. Show all posts

Monday, July 12, 2010

EN BANC DECISION MEANS THAT DENIED CLAIMS PROCESS IS CHANGED


Amelia Mendoza v. Huntington Hospital, Permissibly Self-Insured; and Sedwick Claims Management Services, Inc. (Adjusting Agent) June 3, 2010 2010-EB-12 2010-EB-12 ADJ 6820138 ADJ 6820197 The Appeals Board held that: (1) California Code of Regulations, title 8, section 30(d)(3) (Administrative Director Rule 30(d)(3)), which states that when a claim has been entirely denied by the defendant only the employee may request a panel of Qualified Medical Evaluators, is invalid because it conflicts with Labor Code sections 4060(c) and 4062.2 and exceeds the scope of section 5402(b); (2) the time limits of section 4062(a) for objecting to a treating physician’s medical determination do not apply when the injury has been entirely denied by the defendant; and (3) section 4062.2 does not establish timelines for initiating or completing the process for obtaining a medical-legal report on compensability.

  CHRONIC PAIN FROM REPETITIVE STRAIN FROM AN OLD WORK INJURY? CONTACT FOR FREE EVALUATIONCall/Text 559-320-7028l: jol...