A San Francisco case has been accepted for review by the First District Court of Appeal regarding the constitutionality of the 24-visit cap on chiropractic treatment in Labor Code section 4604.5(d)(1).
Review was granted last week in the case of Facundo-Guerrero v. WCAB and the Court ordered the WCAB to submit the certified transcript by February 15th.
Preceding the grant of review, a slew of letters from chiropractors - begging that the case be heard - was received by the Court but were ordered returned for lack of proper service on opposing parties.
Considering what's at stake here, count on seeing more than just letters pouring into the Court over the coming months. Not many other provisions of the "reforms" triggers as much heated debate as this one - one side seeing it as a huge cost-saver, the other as an unwarranted, unconstitutional intrusion into medical treatment.
Rest assured, those tapping sounds you hear are keyboards churning out amicus curie briefs as we speak!
Counsel for the applicant in the matter is San Francisco attorney Daniel Joseph Smith. The defense is represented by
Brian Douglas Egan of the San Francisco office of Laughlin Falbo.
To be notified of further action directly by the First District Court of Appeal,
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