Last month, in a case originating from the Oxnard Board -- Ruvalcaba v. Scott Roberg DPM; SCIF -- a panel decision on reconsideration held that the provisions of Labor Code Section 5402 should be applied retroactively.
This section of the Labor Code, which was part of SB 899's makeover of the workers' compensation system, pertains to the employer's obligation to pay the first $10,000 in medical treatment for an alleged work-injury, at least until the claim is denied.
Since the time to request appellate review of the decision ran out last week, the WCAB's opinion is final and, at least until further notice, Section 5402 is applicable retroactively (i.e., for situations arising prior to April 19, 2004).
[The panel's reasoning for applying the provision retroactively appears to be basically a "what's good for the goose" type argument: Since SB 899's language made clear that, barring specific language to the contrary, its provisions should apply retroactively regardless of the date of injury, such retroactivity applies not just for employer-supported provisions but for employee-friendly provisions (like Section 5402) as well.]
- Help for the Injured Worker