In California Workers’ Compensation Law, there are many rules and regulations that apply to the dispensing of medications. The authorization of the medication is driven by a multitude of issues. The starting point in authorization is what type of medication is being provided and for what reason. This article, in brief, will discuss the language of medications within the workers’ compensation system. Reading this may provide some insight into why or why not you are getting your medications.
Marijuana is a drug of a multitude of usages. Marijuana is used by some for medication. Marijuana is used by others as a recreational drug. Marijuana, in the context of a recreational drug, is viewed in workers’ compensation as an item that can impact an individual’s physical and mental health.
Besides Workers’ Compensation, the issue of “who is an employee?” is a question which needs to be determined with respect to a variety of employment and contract rights. Recently, the California Supreme Court, in Dynamex vs. Superior Court (2018), reported on a Wage Order lawsuit. The Supreme Court applied an “ABC Rule” for determining “employment.” It is likely that this ABC Rule will be used to determine “employment” within California Workers’ Compensation Law.
Why are Work Restrictions Important?
In the past, California Workers’ Compensation Law was based upon work restrictions and limitations as the basis for permanent disability. In 2004, California Workers’ Compensation Law went away from work restrictions and adopted the AMA Guides to the Evaluation of Permanent Impairment (5th Edition) to establish a percentage of impairment. This percentage of impairment is then then placed in a formula to calculate a Permanent Disability Percentage. In sum, impairment is now used to assess Permanent Disability rather than Work Restrictions.
Can the Claims Administrator on my Workers’ Compensation Claim have an Investigator contact me?
Yes. Claims Administrators have a duty to investigate claims for the purposes of accepting or denying liability within the first 90 days that they are aware of a claim. See Labor Code Section 5402.