B&B talks TED!

by Donald Barthel, Esq. (July 27, 2015)

Bradford & Barthel's Eric Hunter gave a TedX talk in Pocklington, UK on "Harmony & Analytics: Building Predictive Organizations".

Eric's talk outlined diverse mentalities, ranging from arts and technology to education. It shows how we can embrace new methods of communication when it comes to learning in both educational and business arenas. It will show how analyzing data can lead to the discovery of new ways to engage businesses and individuals in common themes.

Headline: 9th DCA Vacates TRO Against DIR - Lien Claimants In Fee Frenzy

by Brandon N. Nadel (July 21, 2015)

“Have you heard about the new case about lien activation fees,” one lien representative asked another at the WCAB. “This is going to kill us.” “I know, some of my clients are going to go bankrupt,” responded the second lien representative.

Why the concern? The 9th DCA in Angelloti Chiropractic Inc. v. Christine Baker, et al. has finally cleared up confusion about liens. However, as in all aspects of workers' compensation, there is still no finality or consensus.

Major setback for lien claimants? Let us hope!

Claims Administrators May Charge Copy Services (aka “Every Dollar Counts”)

by John P. Kamin (July 15, 2015)

The Problem
Copy services are arguing that the implementation of the new copy service fee schedule does not allow carriers and claims administrators to charge copy services a $15.00 fee, leaving many claims managers with headaches.

The California Division of Workers’ Compensation (DWC) recently finalized copy service fee schedule regulations. These regulations dictate how much copy services can charge for subpoenaed records on or after July 1, 2015. For records requests that are under $500, this will typically work out to $180 per date of service.

The Timeliness of Appealing Medical Treatment Applies Equally for Defense and Applicants

by David K. Lim (July 8, 2015)

Whenever the Primary Treating Physician (PTP) issues a Request For Authorization (RFA), defendant must jump through a lot of hoops to ensure that Utilization Review (UR) issues a timely denial. Parties often go to hearings on medical treatment issues in response to allegations of an untimely UR determination. If timely, applicant will then look to see if the UR denial was timely served to the PTP via facsimile within 24 hours in hopes of getting medical treatment issues before the WCAB. Applicant will scan all potential timeline issues. For the most part (if not always) the applicant will be successful obtaining the treatment if UR is untimely. Moreover, WCJs are inclined to find timeline shortcoming.

On the other side of the coin, whenever the defense alleges a timeliness issue (Statute of Limitations, Six Month Rule, etc.), it is always an uphill battle.