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A NEW MEDIC-ERA; Changes to CMS Review Guidelines in 2025

Vast changes are swiftly approaching regarding the efforts Workers’ Compensation practitioners must make in protecting Medicare’s interests in future medical settlements. The Centers for Medicare/Medicaid Services (CMS) has...more

California Supreme Court Rules App-Based Drivers Are Still Independent Contractors: Proposition 22 Is Not Unconstitutional

In 2020, California voters passed Proposition 22, otherwise known as the Protect App-Based Drivers Act (the Propositiont), exempting app-based drivers for companies like Uber, Lyft, and Instacart from a 2019 law known as AB5....more

Subpoena Compliance 101: LFLM’s Subpoena Response Protocols and Guidance

There continues to be a steady increase in subpoenas seeking claims files and human resources or personnel files from applicant’s counsel. Receiving and responding to subpoenas can be burdensome and costly, especially for...more

WCAB En Banc Doubles Down on Rejection of “Vocational Apportionment” in Nunes II

The WCAB offered clarity on the complex topic of “vocational apportionment” in an en banc decision issued on June 22, 2023: Grace Nunes v. State of California, Dept. of Motor Vehicles, legally uninsured; State Compensation...more

Court of Appeal Nixes WCAB’s “Grant for Further Study”

The California Court of Appeal for the Second District issued a writ of mandate on August 1, 2023, ending the WCAB’s longstanding procedure of granting Petitions for Reconsideration for Further Study. Unfortunately, however,...more

WCAB Rejects Concept of “Vocational Apportionment” in Rare En Banc Decision

Further Restrictions on Vocational Apportionment - As most workers’ compensation practitioners can attest, vocational evidence has seen a resurgence in recent years, as the applicant’s bar attempts to obtain Awards of 100%...more

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