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1st DCA Gets Petition for Review of WCAB Decision Striking Down MTUS Section on Home Care

Friday, August 11, 2017 | 1573 | 0 | 0 min read

The 1st District Court of Appeals is being asked to weigh in on the question of whether the Workers' Compensation Appeals Board can overturn an independent medical review decision on the basis that it relied on an allegedly invalid provision of the state’s Medical Treatment Utilization Schedule. Under the 2009 version of the MTUS, personal care services are not considered “medical treatment” if a worker requires no other care. In May, a WCAB panel found this provision of the MTUS invalid because it was contrary to long-standing California precedent that recognizes person...

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