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1st DCA Rescinds Grant of Review of WCAB Decision Invalidating Part of MTUS

Thursday, December 21, 2017 | 1707 | 0 | 47 min read

The 1st District Court of Appeal has rescinded its grant of review to a dispute over the authority of the Workers' Compensation Appeals Board to nullify provisions of the state’s medical treatment guidelines that conflict with other areas of the law. Under the 2009 version of the Medical Treatment Utilization Schedule, personal care services are not considered “medical treatment” if a worker requires no other care. In May, a WCAB panel found the provision of the MTUS invalid because it was contrary to long-standing California precedent that recognizes pers...

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