2022 AUDIT RESULTS


The DWC announced the results of the 2022 "Routine and Targeted Audits" conducted per Labor Code Section 129. The top ten performers were:


1) Sutter Health (Sacramento); 2) Workers' Compensation Administrators LLC (Santa Maria); 3) Tristar Risk Management (Fresno); 4) Loma Linda University Health (San Bernardino); 5) Sedgwick CMS (Rancho Cordova); 6) Insurance Company of the West (Woodland Hills); 7) County of Kern (Bakersfield); 8) Tokio Marine America Insurance Co. (Pasadena); 9) Self Insured Schools of CA (Bakersfield); and 10) State Compesation ins. Fund - State Contract Claims (Riverside).


POST-SURGERY HOUSING

88 CCC 335 (2023 LexisNexis) has an interesting case involving a homeless man needing shoulder surgery. The PTP included in the RFA the need for both the surgery and 8 weeks of post-surgery housing for recovery purposes. Housing was denied by UR.


On appeal, the IMR Reviewer noted the MTUS and ODG do not address housing. Alternatively, the Reviewer considered a peer-reviewed study of unique outpatient services that are sometimes needed for homeless patients, and determined the surgery and the subsequent 8 weeks of housing for recovery purposes was medically necessary.


[COMMENT: Rather than dealing with numerous potential post-surgical complications as a result of living in the streets, probably far more cost-effective, and humane, for the defense to spend the necessary funds for a Residence Inn (room, breakfast and housecleaning) or similar place for 8 weeks to insure the best surgical results and set the case up for closure.]

HEWS NEWS:


TAKE-NOTHING: Congratulations to our senior litigation specialist Dawn Writer Wilson who successfully obtained a take-nothing decision in the applicant's case in-chief in Ibarra v. Stanley Black & Decker (Hartford c/o Sedgwick). Ms. Wilson proved the applicant's alleged complaints were pre-existing according to her own doctor's records, and the applicant's claims of a work injury were contrary to the overall medical record. Well done Dawn.


CSJPA: The HEWS Firm was a proud sponsor of the California Schools Joint Power Authority's Annual Conference held earlier this month at Disney's Grand Californian Resort in Anaheim. Representing the HEWS Firm was senior associate attorney Regina Rabanal who handles many JPA cases throughout Southern California.


November HEWS Firm Work Anniversaries: Attorney Ilene M. Sheldon (23 years), and legal support staff member Emily Matthews (20 years)

Main Contributor: H. Neal Wells IV

Editorial Staff: Lynn P. Peterson



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  • Calabasas (818) 348-8366 (cls@hmplc.com)


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The above is for informational purposes only, and not intended to constitute legal advice.