Physicians within California Workers’ Compensation Law are asked to report on a number of items. These items are very important to injured workers and can trigger the payment or non-payment of benefits, or can also determine whether the worker can return to work or be denied that opportunity. Each of those factors can affect whether the employee is entitled to continued or future medical care. The Labor Code and Regulations call the Physician’s opinion on these items “Medical Determinations.”
Heat exposure can lead to many different medical conditions. There are many occupations in which Workers are exposed to extreme heat. Injuries sustained as a result of this occupational heat exposure fall within workers’ compensation. Therefore, a Worker injured due to heat exposure is entitled to claim the full accoutrements of workers’ compensation benefits: TTD, PD, Medical Care, Job Displacement Voucher and Death Benefits.
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. It is used by some for medication, and 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.