The 6-month rule

by Farai M. Alves (November 16, 2017)
This article addresses the infamous 6-month rule, what exactly the rule is, how far it can be taken, and how to stop it from being taken too far. It is not the purpose of this article to delve into whether and to what extent a psyche claim can still be alleged post January 2013.

What exactly is the rule?

According to California Labor Code Section 3208.3(d), “no compensation shall be paid … for a psychiatric injury related to a claim against an employer unless the employee has been employed by that employer for at least six months.”

Pardon me if I am stating the obvious, but I should add that the rule requiring at least 6 months of employment applies to both compensable consequence psyche claims and stand-alone psyche claims.

Gamesmanship With Panel Requests

by Nasir F. Adil (November 15, 2017)

Recent trends in workers’ compensation practice have caused attorneys and claims professionals to adapt. Like how Olympic drug testers are seemingly always one or two steps behind athletes who use performance enhancing drugs, Judges and the WCAB are slow to catch on to slick and trendy moves made by attorneys pushing the envelope. To make sure claims are properly defended, it is absolutely necessary for defendants stay on top of certain tactics to avoid falling prey to the predatory moves of our adversaries.

Requesting a panel is often one of the very first steps an attorney, whether representing an applicant or insurance company, does. Selecting panel specialty is an imperative step that often determines case value. Thus, being aware of tendencies and being the aggressor is important to avoid historically applicant friendly specialties, such as chiropractors.