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Idea Transcript


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FRESNO

PIWC 2015

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WO R KE RS ’ AT

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C O M P E N S AT I O N CONFERENCE FRESNO

CONVENTION

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FULL

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9th Annual Conference p

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Table of Contents

1. PIWC Fresno World Series 2. Schedule of Events 3. Exhibitors Map 4. List of Exhibitors 5. Presidents Message – Brian Putnam 6. Platinum Members 7. Mark Pew – PRIUM (bio page) a. Mark Pew bio b. Medical Marijuana – Power Point 8. Keith Wilkinson – Vocational Expert (Bio page) a. Use of Vocational Experts 9. Office of District Attorney a. Sr. Investigator Charles Almaraz (bio page) b. Deputy District Attorney Manny Jimenez (bio page) c. Workers’ Compenation Insurance Fraud (Power Point) 10. Gene Glendenning – Cal/ OSHA (bio page) a. Heat Illness Prevention Training – Power Point b. Cal / OSHA Standards c. Heat Illness Prevention Regulation d. Procedures of Heat Illness Prevention e. Heat Illness Prevention Q&A 11. Professionals In Workers’ Compensation Court a. Walter Newman, MD – The Newman Medical Group (bio page) b. Phil Walker – Work Comp Savings (bio page) c. Phil Walker Bio d. Professionals in Workers’ Compensation Court – Power Point

f. Recipes For Ratings e. Rating Quiz 12. John Paul Beaudoin, PhD – Sierra Valley Medico – bio page a. John Paul Beaudoin, PhD bio 13. The Medical Legal Report a. Michael Gaston – Michael Sullivan & Associates b. Pilar Mitchell – Michael Sullivan & Associates c. The Medical Legal Report – Analyzing Facts and Fiction – Power Point 14. Interacting Within The Interactive Process a. Michael McDonald – The McDonald Law Corp. (bio page) b. Helyn Hoffman – Arthur J. Gallagher c. Interacting Within The Interactive Process – Power Point 15. The State of Cutting Edge Advances in Spinal Technologies and Techniques a. Justin Paquette MD – Paquette Spine Institute – bio page b. Justin Paquette MD bio c. Paquette Spine Institute 16. Employer Roundtable a. David Parker – Parker, Kern, Nard & Wenzel b. David Parker bio c. Martin Acree – Saladino’s Food Service – bio page d. Jan Piel – MV Transportaton – bio page e. Larry Williams – Hall Management Companies – bio page f. Ward Scheitrum – Zacky Farms 17. Ads 18. Parking Map 19. Upcoming Event – Platinum Day At The Races

7:00 - 8:00

Registration, Exhibitor , Continental Breakfast Main Attraction: Stadium Grand Slam

8:00 - 9:00

High Fly, Home Run, or Pop Up? Mark Pew Medical Marijuana in Work Comp

9:00 - 9:15

Exhibitor/Vendors

Break Out Sessions Scouting Report & What To Look For in a 9:15 - 10:00 Vocational Expert?

Keith Wikinson How To Select a Voc Expert

10:00 - 10:15 Break Out Sessions 10:15 - 11:00

11:15 - 11:30 Break Out Sessions 11:30-12:15

12:15-1:15 1:15-1:30 Break Out Sessions 1:30-2:30

Attempting to Steal Home Plate

Charles Almaraz/Manny Jimenez Dealings on Work Comp Fraud

Exhibitor/Vendors Close the Roof It Is Hot Outside

Gene Glendenning Heat Standards

Pre-Season Physical & Changing the Playing Fields

Walt Newman, MD & Phil Walker Professionals in Workers’ Compensation Court

Exhibitor/Vendors Bases are loaded, Two Outs, & Bottom of the 9th

John Paul Beaudoin, PhD Psychoneuroimmunology Managing Stress; Psychological and Mental Health

Commissioner’s Office Report; Change in the Rules

Mitchell/Gaston/Sullivan Medical Legal Report: Writing and Analyzing Facts from Fiction

Lunch Exhibitor/Vendors Avoiding Long Term DL Keeping Within the Foul Lines Michael McDonald/ Helyn Hoffman Interacting Within the Interactive Process

Justin Paquette, M.D. The State of Cutting Edge Advances in Spinal Technologies and Techniques

2:30-2:45

7th Inning Stretch: Refreshments

Owners Box 2:45-4:00 4:00-4:30

Fall Owners Meeting; An Overview of the Big Game

Employer Rountable - David Parker: Moderator

Door Prize Give a Way, Certificate's Distributed

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      1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.     29.     30.     31.   32.   33.     34.   35.   36.   37.   38.   39.   40.   41.   42.                

Exhibitors Booth Placement   website) (Click on the member name to access

MTI   Cypress  Care   PACBLU   myMatrixx   Specialized  Investigations   Learning  Services   Centre  for  Neuro  Skills   Palm  Medical   Excel   One  Call  Care  Medical   Todd  Olivas  &  Assoc.   Imber  Court  Reporters   CVC  Legal  Services   Definiti  Healthcare   Sullivan  Attorneys   Sierra  Valley  Medico   Laughlin,  Falbo,  Levy  &  Moresi   ADM   ExamWorks   Medlink   Century  Pacific  Medical   Grossman  Burn  Center   Helios   GENEX   Rene  Garza  &  Assoc.   Sacks  &  Zolonz   Resolution  Partners   ADEPT  /  Ben  Hyatt  

 

  15.     16.   17.   18.   19.   20.   21.   22.   23.   24.   25.   26.   27.   28.         43.   44.   45.   46.   47.                                

Albert  Simpkins  MD  

Castle  Copy   Hanna  Brophy   Coventry   Wright  Lien  Assoc.   MacroPro   Priority  Care  Solutions  

   

W

elcome to our World Series of Workers Compensation Conference. As you can see, we are working diligently to bring you the best in educational and social events in Central California. This past year we were able to bring back our Holiday Party for the first time in years, have regular half day seminars, and create an all new event of Platinum Day at the Horse Races thanking our Platinum Members for their support throughout the year. We could not put on these great events without the support of our sponsors and we thank each and everyone of you. The Board of Directors of PIWC Fresno are here to serve your needs in an industry we all come from. While I have the pleasure of serving as the Chapter President for 2015, the success of the Chapter would be impossible without the active support and participation of our Board Members, and I would like to recognize them for their service. Because of their hard work all of this is possible. Be sure to thank them when you get a chance. If you are interested in becoming a board member please let me know. I hope you are as excited as I am about this amazing conference that your PIWC board has put together for you today. This is sure to be the best full day conference that Fresno has seen yet. The strength of our organization is premised on the level of involvement by our community. With that in mind, I invite you to call, or e-mail me to share your ideas, thoughts, or feedback to improve our chapter. I will make it a point to ensure that you receive a response to communications you send me.

-Brian Putnam President PIWC Fresno

Platinum Members

(Click on the member logo to access website)

           

       

   

     

INDUSTRIAL  –  OCCUPATIONAL  SPECIALISTS  

MArk Pew PRIUM

Topic: Medical Marijuana in Work Comp

Offers 30 years of experience in property and casualty, technology and healthcare, which extensive knowledge of workers’ compensation managed care. Leads product innovation and marketing at PRIUM, a provider of worker’s compensation medical intervention solutions. Developed PRIUM’s award-winning medical intervention program, which dramatically improves clinical and financial outcomes. Speaks and writes on topics related to opioid abuse, managing prescription drugs, workers’ compensation legislation and the impact on managed care, improving injured worker outcomes, prescribing trends and related issues.Other topics include medicare set-asides, compounded medications, alternative therapies and medical marijuana. Speaking engagements combine industry research, internal analysis and case studies with a touch of humor. Audiences rate them high for their clear descriptions of medical and pharmaceutical cost problems and, more importantly, for their practical and actionable solutions. FRESNO

PIWC 2015

Speaking  Contact:    Helen  King  Knight,  APR,  King  Knight  Communications,  813-­‐690-­‐4787,   [email protected]  

Bio   Mark  Pew,  Senior  Vice  President,  PRIUM     Mark  Pew  has  more  than  35  years  of  experience  in  the  property  and  casualty,  healthcare  and   technology  industries.    He  created  PRIUM’s  Medical  Intervention  Program  in  2003,  Intervention  Triage  in   2010,  Texas  Drug  Formulary  turnkey  solution  in  2011,  Centers  with  Standards  in  2012,  and  TaperRx  in   2014.  From  March  2012  thru  August  2015,  Mark  presented  educational  content  273  times  to  16,395   people  in  38  states,  including  9  national  webinars.  He  serves  on  the  Medical  Issues  Committee  of  the   International  Association  of  Industrial  Accident  Boards  and  Commissions  (IAIABC),  the  Workers’   Compensation  Committee  for  the  Self-­‐Insurance  Institute  of  America  (SIIA),  the  Medical/Rehab   Committee  for  the  Southern  Association  of  Workers’  Compensation  Administrators  (SAWCA)  and  the   Pharmacy  Group  for  CompSense.   Mark  is  a  popular  speaker  at  workers’  compensation  conferences  around  the  country  as  well  as   individual  continuing  education  venues.    He  has  spoken  at  the  National  Workers’  Compensation  and   Disability  Conference,  National  Rx  Drug  Abuse  Summit,  at  statewide  or  self-­‐insured  conferences  in  17   states,  and  at  national  and  regional  association  gatherings  around  the  country.     A  frequent  media  source  for  stories  on  pharmacy  and  marijuana  in  workers’  compensation,  Mark  also   writes  articles  for  several  publications.  He  is  a  regular  contributor  to  Claim  Management  Magazine,   Insurance  Thought  Leader  and  LexisNexus.       Mark  Pew:    678-­‐735-­‐7309;  [email protected]   PRIUM   2805  Peachtree  Industrial  Blvd.,  Suite  112   Duluth,  GA  30097   Website:  www.prium.net   Blog:  www.priumevidencebased.com   linkedin.com/in/markpew   Twitter:  @RxProfessor    

 

 

  About  PRIUM   An  Ameritox  solutions  provider,  PRIUM  sets  the  industry  standard  for  workers'  compensation  medical   interventions  through  its  ability  to  secure  higher  agreement  rates  and  ensure  compliance  with  modified   treatment  plans.  The  hallmark  of  the  medical  intervention  company's  success  is  a  collaborative  physician   engagement  process  encompassing  evidence-­‐based  medicine,  clinical  oversight,  and  jurisdictional   guidelines  to  ensure  optimal  financial  and  clinical  outcomes.  PRIUM  eliminates  unnecessary  treatment   through  a  comprehensive  approach  that  includes  complex  medical  interventions,  utilization  reviews,   and  independent  medical  exams.    Based  in  Duluth,  Ga.,  PRIUM  can  be  reached  at  www.prium.net  or   888-­‐588-­‐4964.  For  insight  on  workers'  compensation  medical  issues,  read  PRIUM's  blog  at   www.priumevidencebased.com.      

www.prium.com

Medical Marijuana

Mark  Pew,  Senior  VP,  PRIUM   •  35+ years in P&C, 20+ years in Work Comp •  Created PRIUM’s Medical Intervention Program in 2003, Intervention Triage in 2010, Texas Closed Formulary turnkey in 2011, Centers with Standards in 2012, TaperRx in 2014 •  From March 2012 thru August 2015, Mark has presented educational content 273 times to 16,395 people in 38 states, including 9 national webinars

LinkedIn: markpew Twitter: @RxProfessor

•  Published and quoted in CLM Magazine, Risk & Insurance, Business Insurance, workcompcentral, WorkCompWire, Insurance Thought Leadership and others •  Member of the IAIABC Medical Issues Committee, SIIA Work Comp Committee, SAWCA Medical / Rehab Committee, CompSense pharmacy group

What is Weed?

What is it? Active Ingredients •  483 known compounds •  Primary ingredients are: •  THC (tetrahydrocannabinol) – psychoactive (the “high”) •  CBD (cannabidiol) – more medical application •  Moderates THC •  CBN (cannabinol) – weak psychoactive •  CBG (cannabigerol) – non-psychoactive, associated with glaucoma •  More potent •  Up through the 1980’s … < 10% THC •  Now … Up to 30% THC … CBD is low or non-existent

http://news.yahoo.com/marijuana-science-why-todays-pot-packs-bigger-punch-155233170.html

•  Can be up to 70% in edibles, up to 90% in “dabs”

What is it? The History •  Legal and accepted prior to 1937 •  George Washington grew hemp as one of his three primary crops •  Medical preparations available in pharmacies in the 1850’s •  In the 1880’s there were an estimated 500 hashish parlors in NYC •  States passed legislation to regulate “poisons” (narcotics, including marijuana) – first was DC in 1906 •  Federal Bureau of Narcotics (FBN) created in 1930 •  The Marihuana Tax Act of 1937 •  Made possession or transfer of cannabis illegal throughout the US under federal law •  Required an “excise” tax that was inexpensive but difficult to get •  Followed Supreme Court decision on the National Firearms Act •  Harry J. Anslinger – head of FBN •  With limited budget, used media to exaggerate issues http://en.wikipedia.org/wiki/Legal_history_of_cannabis_in_the_United_States

What is it? Changing Demographics •  Pew Research Center national poll in October 2014 •  52% said marijuana should be legal •  45% said marijuana should remain illegal •  From 2010 to 2013, favoring legalization increased by 11 points •  In 1969, Gallup asked essentially the same question and … •  12% said marijuana should be legal •  Pew Research Center national poll in April 2014 •  15% felt marijuana is harmful to health •  69% felt alcohol is harmful to health •  23% felt marijuana is harmful to society •  63% felt alcohol is harmful to society http://www.pewresearch.org/fact-tank/2014/11/05/6-facts-about-marijuana/ http://www.people-press.org/2014/04/02/americas-new-drug-policy-landscape/4-2-14-5/ (Pew Research Center) http://mmjbusinessdaily.com/pew-poll-54-of-american-adults-think-marijuana-should-be-legal/ (Marijuana Business Daily)

Delivery Methods

Delivery Methods Vaporizers •  Vaping is the new smoking •  Extracts active components without combustion •  Nearly eliminates particulate matter or tar •  How to get the highest quality vapor: •  CBD @ 206.3°C •  CBN @ 212.7°C •  THC @ 149.3°C Southwest Medical Marijuana Evaluation Center (http://www.evaluationtoday.com/news_medicating_with_marijuana.html)

Delivery Methods Edibles •  Edibles •  Marijuana butter (“bud butter”) to substitute for standard butter • 

http://www.thestonerscookbook.com/how_to_cook_with_weed.php

•  But there are complications: 1.  Effects take longer to start (processed by digestive system) •  So it’s easier to ingest more than appropriate 2.  Effects last longer •  ~30 minutes for smoking, several hours for edibles 3.  Dosage can vary Southwest Medical Marijuana Evaluation Center (http://www.evaluationtoday.com/news_medicating_with_marijuana.html)

Medical Applications

Some say … “medical” marijuana is but a Trojan Horse Do you FEEL better or ARE you better? NOTE: In Colorado, 48.8% of adolescents admitted to substance abuse treatment obtained their marijuana from someone registered to use medically Thurstone C, Lieberman SA & Schmiege SJ, Medical marijuana diversion and associated problems in adolescent substance treatment. Drug Alcohol Dependence 118(2-3):489-492, 2011

Medical Applications FDA’s criteria for “medicine” •  To be accepted as medicine, the following criteria must be met: 1.  The drug’s chemistry must be known and reproducible 2.  There must be adequate safety studies 3.  There must be adequate and well-controlled studies proving efficacy 4.  The drug must be accepted by qualified experts 5.  The scientific evidence must be widely available “Marijuana as Medicine? The science behind the controversy”, Allison Mack & Janet Joy

Medical Applications Risk List Current or past problems with cannabis or other substances Active mental illness Current, past or family history of psychosis Active mood or anxiety disorders Suicidal ideation Women who are pregnant, planning to become pregnant or at high risk of unplanned pregnancy •  Anyone under 25 years of age •  •  •  •  •  • 

“How physicians should respond to the new Cannabis Regulations”, The Canadian Journal of Addiction, Meldon Kahan and Sheryl Spithoff

Medical Applications National Institute on Drug Abuse •  Clinical trials underway •  Autoimmune diseases that weaken the immune system •  HIV/AIDS •  Multiple sclerosis (MS), causes gradual loss of muscle control •  Alzheimer’s disease, causes loss of brain function, affecting memory, thinking, and behavior •  Inflammation •  Pain •  Seizures •  Substance use disorders •  Mental disorders •  Recent animal studies show marijuana can kill certain cancer cells http://www.drugabuse.gov/publications/drugfacts/marijuana-medicine

Medical Applications National Eye Institute •  Glaucoma •  Studies in the early 1970s showed that marijuana, when smoked, lowered intraocular pressure (IOP) •  NEI’s own studies demonstrated that some derivatives of marijuana transiently lowered IOP when administered orally, intravenously, or by smoking, but not when topically applied to the eye •  However … •  None of the studies demonstrated that marijuana could lower IOP as effectively as drugs already on the market https://www.nei.nih.gov/news/statements/marij

•  Anecdote – Would require 6 joints/day for the rest of your life

Medical Applications Top 23 1.  2.  3.  4.  5.  6.  7.  8.  9.  10.  11.  12.  13.  14.  15.  16.  17.  18.  19.  20. 

It can be used to treat Glaucoma It may help reverse the carcinogenic effects of tobacco and improve lung health It can help control epileptic seizures It also decreases the symptoms of a severe seizure disorder known as Dravet's Syndrome A chemical found in marijuana stops cancer from spreading It may decrease anxiety THC slows the progression of Alzheimer's disease The drug eases the pain of multiple sclerosis Other types of muscle spasms could be helped too It lessens side effects from treating hepatitis C and increases treatment effectiveness Marijuana treats inflammatory bowel diseases It relieves arthritis discomfort It keeps you skinny and helps your metabolism It improves the symptoms of Lupus, an autoimmune disorder While not really a health benefit, marijuana spurs creativity in the brain Marijuana might be able to help with Crohn's disease Pot soothes tremors for people with Parkinson's disease Business Insider Marijuana helps veterans suffering from PTSD “23 Health Benefits Of Marijuana protects the brain after a stroke Marijuana” It might protect the brain from concussions and trauma 4/20/14 •  The NFL might allow if proven effective •  According to "Real Sports with Bryant Gumbel", 50-60% of NFL players use the drug 21.  It can help eliminate nightmares 22.  Weed reduces some of the awful pain and nausea from chemo, and stimulates appetite 23.  Marijuana can help people trying to cut back on drinking •  Counterpoint: Alcohol may cause faster absorption of THC

Medical Applications Prescription Drug Versions •  Marinol •  Synthetic THC (dronabinol); capsule •  Nausea and vomiting for cancer patients, appetite stimulation for AIDS patients, neuropathic pain for MS patients •  FDA approved for appetite stimulation (1992), nausea (1985) •  Schedule III drug •  Cesamet (nabilone) •  Synthetic cannabinoid, similar to THC; capsule •  Nausea and vomiting for cancer patients •  FDA approved originally in 1985, removed from market (to add warnings about potential effects to mental state of patient), reapproved on 5/15/06 •  Schedule II drug http://medicalmarijuana.procon.org/view.resource.php?resourceID=000883

Medical Applications The Superstar •  Charlotte’s Web •  Marijuana extract high in CBD •  No psychoactive effect •  Administered as an oil (Realm Oil and Alepsia) •  Developed in 2011 by the Stanley brothers •  Named after 5-year old Charlotte Figi .. •  First documented in the 2013 CNN series “Weed” •  Born with Dravet Syndrome (epilepsy) •  Traditional seizure medications were ineffective •  300 seizures per week •  Charlotte’s Web reduced that to 2-3 per month •  The emotional hot button driving legalization wikipedia.org/wiki/Charlotte%27s_Web_%28cannabis%29

Medical Applications The Superstar •  “Medical expatriates” in Colorado •  Moved for access to Charlotte’s Web since it was illegal in their home states •  Cost is around $1,000/month •  Research shows it’s only effective on 25-30% of patients

Effects

Effects Later Life Outcomes are Dose Dependent % welfare dependent (ages 21-25)

400+ 300 to 399 200 to 299

% Unemployed (ages 21-25)

100 to 199 1 to 99 Never

Mean personal income in thousands of NZ $ at age 25 % gained university degree by age 25

# of occasions using Cannabis ages 14-21

Number of occasions using

Cannabis between ages 14-21

Source: Fergusson and Boden. Addiction, 103, pp. 969-976, 2008 Courtesy of Nora D. Volkow, MD, National Institute on Drug Abuse

Effects Mental and Physical •  Marijuana makes us feel good

Business Insider “What Marijuana Does To Your Body And Brain” 4/20/14

• 

Dopamine release

• 

Especially during adolescence

• 

Impacts ability to walk, talk and drive

• 

If genetically vulnerable

• 

May increase fear, distrust or panic

• 

Hallucinations, delusions, loss of personal identity

• 

The most important part

• 

Sometimes by 20-50 beats/minute

• 

Cannabinoid receptors are located where saliva is produced

•  Blocks memory formation •  Messes with your balance

•  Increases the risk of depression (and suicide) •  Affects anxiety •  Psychosis

•  Interrupts REM sleep •  Heart rate increase •  Dry mouth

Effects The longest-term study to-date •  A 20-year study in Australia •  Study from 1993-2013 by Dr. Wayne Hall, director of the Centre for Youth Substance Abuse Research at the University of Queensland

• 

Five major findings: 1.  It’s essentially impossible to overdose •  Requires 15-70 grams 2.  It doubles the chance of a driving accident •  DUI for marijuana not as understood as from alcohol 3.  Addiction/dependence can occur •  1 in 10 adults, 1 in 6 adolescents •  Strongly associated with use of other illicit drugs 4.  Negatively impacts IQ •  Only where initiated in adolescence and continued into adulthood 5.  Effect on respiratory health is inconclusive •  Typically smoke tobacco as well

http://www.fool.com/investing/general/2015/01/11/a-20-year-study-on-marijuana-use-yields-5-surprisi.aspx The entire article - http://onlinelibrary.wiley.com/doi/10.1111/add.12703/abstract

Effects Brain Changes •  Casual marijuana use changes the brain •  Northwestern Medicine and Massachusetts General Hospital/ Harvard Medical School study on casual use (1-2 times per week) •  20 adults (18-25) who smoked marijuana, 20 who did not •  Scientists examined the nucleus accumbens and the amygdala -key regions for emotion and motivation, and associated with addiction -- in the brains of casual marijuana users and non-users •  “The more joints a person smoked, the more abnormal the shape, volume and density of the brain regions.” http://www.sciencenewsline.com/articles/2014041523060034.html

Effects What does Healthcare think? •  American Medical Association (AMA) •  Affirmed on 11/20/13 opposition to legalization of marijuana •  “cannabis is a dangerous drug and as such is a public health concern” •  “federal efforts to address illicit drug use via supply reduction and enforcement have been ineffective” •  “modification of state and federal laws to emphasize public health based strategies to address and reduce cannabis use” •  “public health based strategies, rather than incarceration” http://www.usnews.com/news/articles/2013/11/20/ama-reaffirms-opposition-to-marijuana-legalization

Effects What does Healthcare think? •  American Society of Addiction Medicine (ASAM) •  •  •  •  •  •  • 

Education for patients, health and human services professionals Alcoholism should mean abstinence from marijuana Marijuana dependency is an issue that needs to be treated Medical uses (like Marinol) need to be carefully controlled Smoking is dangerous Continue evidence-based research Physicians should be able to discuss risks and benefits with marijuana as with any other treatment

http://www.asam.org/docs/publicy-policy-statements/1marijuana-5-062.pdf?sfvrsn=0

•  “Cannabis is unstable and unpredictable and the drug should be subject to the same standards that apply to other medications. For every disease and disorder for which marijuana has been recommended, there is a better, FDA-approved medication.”

Is  marijuana  less  dangerous   than  opioids?  

Legal Landscape

As perception of risk decreases… (if it’s legal, it can’t be that bad)

Use increases (often by “newbies”)

Not Legal Federal vs. State •  Marijuana is illegal at the Federal level •  DEA Schedule I controlled substance •  Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse •  Heroin, LSD, peyote, meth, Ecstasy http://www.deadiversion.usdoj.gov/schedules/

•  In 2013, DEA requested the FDA evaluate re-scheduling •  Study is “ongoing” https://ww3.workcompcentral.com/news/story/id/4ad40fa0f0b7674bd0884294399ad90bf004f354

Not Legal Look the other way – Unofficial •  USDOJ Memo to US Attorneys, August 29, 2013 •  Urges US Attorneys to exercise their discretion in using federal resources to prosecute individuals using marijuana for medical purposes •  Emphasizes federal policy of enforcing CSA (Controlled Substances Act) to prevent: 1.  2.  3.  4. 

Distribution of marijuana to minors Revenue to fall into hands of dangerous drug cartels Diverting medical marijuana from legal status to other states State-authorized marijuana activity from being used as a cover for trafficking other illegal drugs 5.  Violence in the cultivation and distribution of marijuana 6.  Drugged driving and other adverse public health consequences 7.  Growing marijuana on public or federal lands

Not Legal Look the other way – Official •  2015 Federal Budget provides protection •  US Congress included an amendment that prohibits Department of Justice from using funds to go after state-legal medical cannabis programs •  H.R. 83, “Section 538” (specifically lists the states) •  President Obama signed it on 12/16/14 •  “None of the funds made available in this act to the Department of Justice may be used … to prevent … states … from implementing their own state laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” http://blog.norml.org/2014/12/16/president-to-sign-federal-spending-bill-protecting-state-sanctionedmedical-marijuana-programs/

Not Legal Make it Law •  CARERS •  Compassionate Access, Research Expansion, and Respect States Act (S.683) •  •  •  • 

Introduced on 3/10/15, referred to Committee on the Judiciary •  Bipartisan – Rand Paul (R-Kentucky), Kirsten Gillibrand (D-New York), Cory Booker (D-New Jersey) Reclassifies marijuana as a Schedule II drug Allows states to implement regulations as they see fit Enables the Veterans Administration to consider its use

http://www.forbes.com/sites/davidkroll/2015/03/11/is-congress-planning-to-legalizemarijuana/

•  H.R. 1538 (identical) introduced on 3/25/15 •  • 

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations Bipartisan –5 Democrats, 4 Republicans

State  

Year  EffecAve  

PaAent  Registry?   Allow  Dispensaries?   Specify  CondiAons?  

Recognize   PaAents  from   other  states?  

RecreaAonal  Adult   Use?  

Alaska  

1999  

Yes  

No  

Yes  

 

Approved  Nov  2014,   not  yet  operaAonal    

Arizona  

2010  

Yes  

Yes  

Yes  

Yes  

 

California  

2003  

Yes  

Yes  

No  

 

 

Colorado  

2000  

Yes  

Yes  

Yes  

No  

Yes  (Eff.  1/1/14)  

ConnecAcut  

2012  

Yes  

Yes  

Yes  

 

 

Delaware  

2011  

Yes  

Yes  

Yes  

Yes  

 

District  of  Columbia  

2010  

Yes  

Yes  

Yes  

 

Approved  Nov  2014,   not  yet  operaAonal    

Guam  

2014  

Yes  

Yes  

Yes  

No  

Approved  Nov  2014,   not  yet  operaAonal  

Hawaii  

2000  

Yes  

No  

Yes  

 

 

Illinois  

2013  

Yes  

Yes  

Yes  

No  

 

Louisiana  

Law  signed  6/29/15  

Maine  

2011  

Yes  

Yes  

Yes  

Yes  

 

Maryland  

2013  

Yes  

Yes  

Yes  

 

 

MassachuseWs  

2012  

Yes  

Yes  

Yes  

 

 

Michigan  

2008  

Yes  

No  

Yes  

Yes  

 

Minnesota  

2014  

Yes  

Yes  

Yes  

Montana  

2011  

Yes  

No  

Yes  

No  

 

Nevada  

2000  

Yes  

No  

Yes  

 

 

New  Hampshire  

2013  

Yes  

Yes  

Yes  

Yes,  with   condiAons  

 

New  Jersey  

2009  

Yes  

Yes  

Yes  

 

 

New  Mexico  

2007  

Yes  

Yes  

Yes  

 

 

New  York  

2014  

Yes  

Yes  

Yes  

Oregon  

2007  

Yes  

No  

Yes  

 

Approved  Nov  2014,   not  yet  operaAonal  

Rhode  Island  

2009  

Yes  

Yes  

Yes  

Yes  

 

Vermont  

2011  

Yes  

Yes  

Yes  

 

 

Washington  

2011  

No  

Yes  

Yes  

 

Yes  (Eff.  7/1/14)  

Legal Now Overview Medical •  24 states + DC + Guam Recreational •  4 states + DC + Guam (as of 7/1/15) National Conference of State Legislatures http://www.ncsl.org/research/ health/state-medical-marijuan6alaws.aspx

Legal Now Overview State  

Year  EffecAve  

PaAent   Registry?  

Recognize   DefiniAons  of   Allows  for  Legal   PaAents  from   Products  Allowed   Defense   other  states?  

Allow  Dispensaries?  

Specify   CondiAons?  

UAB  only  

Yes  

No  

Yes  

Allowed  for   Minors  

Alabama  

2014  

Florida  

2014  

Yes  

Yes  

Yes  

No  

Yes  

Georgia  

2015  

Yes  

University  system  

Yes  

No  

Yes  

Yes  

Yes  

Iowa  

2014  

Yes  

Does  not  define  

Yes  

No  

Yes  

Yes  

Yes  

Kentucky  

2014  

No  

UniversiAes  in  KY  

Yes  

No  

No  

Mississippi  

2014  

Ole  Miss  only  

Yes  

No  

Yes  

Yes  

Yes  

Missouri  

2014  

Yes  

Yes  

Yes  

No  

Yes  

Yes  

Yes  

North  Carolina  

2014  

Yes  

University  research  

Yes  

No  

Yes  

Yes  

Yes  

Oklahoma  

2015  

Yes  

No  

Yes  

No  

Yes  

Yes  

Yes  

South  Carolina  

2014  

Yes  

Yes  

Yes  

No  

Yes  

Yes  

Yes  

Tennessee  

2014  

Yes  

Tenn  Tech  

Yes  

No  

Yes  

Texas  

2015  

Yes  

Yes  

Yes  

No  

Yes  

Yes  

Yes  

Utah  

2014  

Yes  

Yes  

Yes  

No  

Yes  

Yes  

Yes  

Virginia  

2015  

No  

No  

Yes  

No  

Yes  

Yes  

Yes  

Wisconsin  

2013  

No  

No  

Yes  

 

Yes  

No  

Yes  

Yes  

Yes   Yes  

15 states have limited access product laws NOTE: Idaho legislature approved, Governor vetoed in 2015

Legal Now Recreational Use •  Alaska and Oregon and DC approved in November 2014 •  Alaska (Measure 2) •  •  • 

Passed 53% to 47% Adults 21+ can possess up to 1oz Can grow up to 6 plants

•  Oregon (Measure 91) •  •  •  • 

Passed 57% to 43% Adults 21+ can have up to 8oz at home and 1oz in public Can cultivate up to 4 plants Effective July 1, 2015

•  District of Columbia (Initiative 71) •  •  •  •  • 

Passed 68% to 31% Possession up to 2oz Cultivation of up to 6 plants U.S. Congress blocked implementation DC ignoring the blockade … Chaos

Remember “Big Tobacco”?

Say hello to “Big Marijuana” April 18-20, 2015 High Times Cannabis Cup

April 20-22, 2015 Marijuana Investor Summit

“Tobacco companies for generations have talked privately about getting into the weed business” “Will Big Tobacco become Big Marijuana?”, USA Today, 4/11/15

Lessons Learned

Colorado Department of Revenue http://www.colorado.gov/cs/Satellite/Revenue-Main/XRM/1251633259746 Statistics and Reports / Marijuana Tax Data (Retail = 3+4+8, Medical = 2)

Lessons Learned $$$$$$$’s Month   January  2014   February  2014   March  2014   April  2014   May  2014   June  2014   July  2014   August  2014   September  2014   October  2014   November  2014   December  2014  

Retail  Tax   Medical  Tax   Original Revenue   Revenue   2014 Expectations: (12.9%)   (2.9%)   $134M in $2,013,576   $913,519   tax+fee revenue $2,212,784   $1,022,176   $3,078,097   $999,900   $3,591,686   $919,982   $3,848,349   $927,330   Total Tax Revenue $4,143,371   $830,861   Jan-Dec 2014 $5,189,191   $838,711   $63,415,383 $5,728,847   $935,807   $5,273,366   $908,630   $5,851,182   $928,329   Total Tax Revenue Jan-May 2015 $5,174,973   $772,472   $44,351,339 $6,422,995   $889,249   Only 10% “medical”

Total   $52,528,417   $10,886,966   %  of  Total   83%   17%  

Lessons Learned Oops … Colorado Governor John Hickenlooper (Democrat) On January 23, 2015 on CNBC’s “Squawk Box” •  He originally opposed it but it passed 55%-45% • 

FYI … He was in the craft brew business

•  “If I could've waved a wand the day after the election, I would've reversed the election and said, 'This was a bad idea’ ” •  “You don't want to be the first person to do something like this” … “We're starting from scratch” •  He tells other governors to “wait a couple of years” because they don't know what the unintended consequences are http://thehill.com/policy/finance/230511-colorado-governor-legalizing-pot-was-bad-idea The full interview - https://www.youtube.com/watch?v=WX8LaCCTBuw

Lessons Learned Unintended Consequences •  Colorado •  “Surround and Drown” •  Hazmat Suits •  Underground market still flourishing •  Grower can cultivate up to 16 plants per doctor prescription

http://www.washingtonpost.com/news/storyline/wp/2014/07/30/inside-colorados-flourishingsegregated-black-market-for-pot/

•  Stoned pets

http://www.usatoday.com/story/news/nation/2014/03/24/marijuana-pot-dogs-edible/6600763/

•  Police dogs have to be re-trained •  Banks don’t want to process money … “money laundering” (RICO)

Lessons Learned Unintended Consequences •  In Washington … •  Blueberries - $17,000 per acre •  Marijuana - $7,500,000 per acre •  What would you grow?

Lessons Learned Capitalism at its best … “Heidi Carney speaks with her husband, Justin Menees, while their daughter, Lexi, 8, sold Girl Scout Cookies outside a marijuana dispensary in Phoenix last week. Girl Scouts seem to be skipping the usual supermarket stops for selling their beloved cookies. A few days after a teenager sold dozens of cookie boxes outside a San Francisco pot dispensary, Menees, 8, will return to Trumed Dispensary in Phoenix on Saturday for the same purpose. Carney, got the idea after hearing about what happened in San Francisco. Susan de Queljoe, a spokeswoman for the Girl Scouts, Arizona Cactus-Pine Council, says this is not something the organization would encourage but that it's up to the parents.”

Implications for Work Comp

Implications Substance Abuse •  Tennessee Department of Labor and Workforce Development … •  38-50% of all Work Comp claims are related to substance abuse in the workplace •  Why does that matter? •  Marijuana accounted for 4.5M of the estimate 7.1M Americans dependent on or abusing illicit drugs •  In 2009, approximately 18% of people aged 12 and older entering drug abuse treatment programs reported marijuana as their primary drug of abuse •  61% of persons under 15 reported marijuana as their primary drug of abuse 2010 National Study on Drug Use and Health (NSDUH)

Implications New Mexico •  Vialpando v. Ben’s Auto. Servs •  •  • 

NM Court of Appeals in May 2014 required an employer to reimburse an injured worker for medical marijuana The Work Comp statutes allow “reasonable and necessary” for an injured worker’s treatment Even though medical marijuana is not a prescription drug, a “licensed dispensary” could qualify as a “service”, and if that “service” were “reasonable and necessary” …

•  Maez v. Riley Industrial •  •  •  •  • 

NM Court of Appeals in January 2015 confirmed that “medical” marijuana was reasonable and necessary The patient tested positive for recreational use of marijuana while being prescribed a variety of other drugs (including opioids) The physician decided to certify the marijuana use The Court decided that since the physician confirmed its use that it should be deemed “reasonable and necessary” The ultimate patient-directed care

Implications Colorado •  Coats v. Dish Network • 

•  • 

A paraplegic telephone customer service representative using "medical" marijuana for spasms in compliance with Colorado’s Medical Marijuana Amendment •  Use was off-duty Terminated by Dish Network for testing positive for THC, even though he told them of his use prior to his hire Colorado Supreme Court unanimous decision in June 2015 •  Termination was lawful •  While “medical” marijuana use is lawful in Colorado, its use violates federal law •  According to Colorado’s Lawful Activities Statute, his activities had to be lawful under both state and federal law

Implications More Injuries •  From David DePaolo •  “According to the National Institute on Drug Abuse, marijuana smokers are more likely than non-marijuana smokers to file workers' compensation claims. For example, a study among postal workers found that employees who tested positive for marijuana on a preemployment urine drug test had 55% more industrial accidents, 85% more injuries, and a 75% increase in absenteeism compared with those who tested negative for marijuana use.” http://daviddepaolo.blogspot.com/2014/03/co-pot-goes-to-court.html http://www.drugabuse.gov/publications/research-reports/marijuana/how-does-marijuana-use-affect-schoolwork-social-life

Implications Drug Free Workplace •  Impact on a drug-free workplace? •  Workplace safety •  Which employee is OK to be stoned at work? •  Zero tolerance policy •  Marijuana alcohol, illegal drugs, prescription drugs? •  Judging intoxication / impairment and causality •  3.1-4.5 ng/mL (oral) and 3.3-4.5 ng/mL (smoked) plasma levels = 0.05 g% blood alcohol concentration •  Drug testing policies •  Do not remove THC from drug panels •  Hiring, Termination and Return to Work policies •  Can’t find anyone to fill jobs?

THE  QuesAon     Presence  vs.  Impairment  

Implications Drug Free Workplace     Marijuana  -­‐   Single  Use   Marijuana  -­‐   Regular  Use  

Urine  

Blood  

Hair  

1-­‐7+  days  

12-­‐24  hours  

Doubjul  

7-­‐100  days  

2-­‐7  days  

Months  

Amphetamines  

1-­‐3  days  

24  hours  

Months  

Cocaine  

1-­‐3  days  

1-­‐3  days  

Months  

Heroin,  Opiates  

1-­‐4  days  

1-­‐3  days  

Months  

PCP  

3-­‐7  days  

1-­‐3  days  

Months  

Saliva   Not  validated   (0  -­‐24  hours?)   Not  validated   (0  -­‐24  hours?)   Not  validated   (0  -­‐24  hours?)   Not  validated   (0  -­‐24  hours?)   Not  validated   (0  -­‐24  hours?)   Not  validated   (0  -­‐24  hours?)  

http://www.canorml.org/healthfacts/drugtestguide/drugtestdetection.html

Required reading for employers Marijuana in the Workplace: Guidance for Occupational Health Professionals and Employers: Joint Guidance Statement of the American Association of Occupational Health Nurses and the American College of Occupational and Environmental Medicine

Full Report: http://journals.lww.com/joem/Fulltext/2015/04000/Marijuana_in_the_Workplace___Guidance_for.17.aspx

Summary: http://www.lexisnexis.com/legalnewsroom/workers-compensation/b/recent-cases-news-trendsdevelopments/archive/2015/04/24/acoem-guidance-on-marijuana-in-the-workplace-keeping-employers-sane-amidst-thereefer-madness.aspx

In Summary

•  Marijuana is not as benign as advocates present •  There are medical applications for some conditions using some components •  The evidence is still somewhat anecdotal •  More research is needed … and going to Schedule II might facilitate •  Legalization efforts are well-funded and organized •  Judicial reform is necessary •  Treatment instead of punishment? •  Legalization will have a significant impact on employers, workplaces and Work Comp •  Legalization will open a societal Pandora’s Box •  It’s about risk management at this point …

Mark Pew Senior Vice President

(678) 735-7309 Office [email protected] LinkedIn: markpew Twitter: @RxProfessor

PRIUM’s Evidence Based blog www.priumevidencebased.com

keith wilkinson Vocational Expert

Topic: How to Select Voc Experts, LeBeuff, FCE I am a certified vocational expert through the American Board of Vocational Experts. From 1985 through 2007, I worked as a vocational counselor and counseling manager in the California Workers’ Compensation system developing rehabilitation plans and providing job seeking skills training and placement assistance to injured workers. I also conducted job analyses and provided out-of-state rehabilitation services and case management services. I have completed over 300 LeBoeuf/Labor Code §4662 Evaluations and over 500 Diminished Future Earnings Capacity Evaluations for applicant’s and defense attorneys. I have acted as an agreed vocational expert on Le Boeuf/Labor Code §4662 cases 45 times, on DFEC cases 23 times and once as a court appointed expert. I have testified as a Vocational Expert in rebuttal to the Pre SB 899 PDRS (LeBoeuf) and as an expert in rebuttal to the post SB 899 PDRS in DFEC Cases over 100 times since 2003 in Anaheim, Grover Beach, Long Beach, Los Angeles, Marina Del Rey, Oakland, Redding, Riverside, San Bernardino, San Diego, San Francisco, Santa Ana, San Luis Obispo, Santa Monica, and Van Nuys. I have also testified in Superior Court for Family Law and Personal Injury Cases, and in Federal Court for a Personal Injury Case.

FRESNO

PIWC 2015

Use of Vocational Experts For Post January 1, 2013 Cases o Labor Code §4660.1 refers to AMA Guides, 5th Addition regarding Whole Person Impairment. o Because Chapters 1 & 2 of the Guides have been incorporated into California Law, it is necessary to look at a worker’s impairment from a work perspective. o Labor Code §4660.1 (i) requires a comparison of average loss of earnings the permanent disability under the schedule. o The medical community defines the nature and extent of impairment. The Vocational Expert translates what that means for work or, in other words, disability. o The Legislature recognized that Vocational Experts would be used to rebut the schedule by placing them in Labor Code §139.32 (a) (3) (A) (ii) talks about evaluations regarding future earning capacity resulting from an occupational injury or illness.

charles almaraz Office of the District Attorney

Topic: Dealing with Work Comp Fraud Senior Investigator Charles Almaraz has been working in the Fraud Unit since May 2013. He is also fluent in Spanish. Investigator Almaraz has sixteen years of law enforcement experience. He has worked in the Welfare Fraud Unit and the Felony Trial Team. Investigator Almaraz worked as a Deputy Sheriff for eight years before coming to the District Attorney-Public Administrator’s Office.

FRESNO

PIWC 2015

manny jimenez Office of the District Attorney

Topic: Dealing with Work Comp Fraud

Deputy District Attorney Manuel Jimenez was assigned to the Fraud Unit in August 2012. He is also an experienced attorney, who was previously assigned to the Auto Fraud Unit from August 2007 to August 2012.

FRESNO

PIWC 2015

Workers’ Compensation Insurance Fraud

FRESNO COUNTY DISTRICT ATTORNEY’S OFFICE

Description of Unit ■  2

Deputy District Attorneys ■  4 District Attorney Investigators ■  1 Legal Secretary ■  1 Program Tech

(559) 600-6710 Call Us!

Types of Fraud We Prosecute ■  Applicant

Fraud ■  Employer Fraud ■  Provider Fraud

Applicant Fraud ■  AOE/COE (Arising out of employment and in the course of employment)

■  Malingering ■  Denial

Of Previous Injury ■  Other Lies

Employer Fraud ■  Premium

Fraud ■  Misrepresentations ■  No Worker’s Compensation Insurance

Provider Fraud ■  Double

Billing ■  Overtreatment ■  Kickbacks ■  Other Fraud

Applicant Fraud Statutes ■  California

Insurance Code 1871.4(a)(1)

Fraudulent Material Misrepresentation

■  Penal

Code 118 - Perjury ■  Penal Code 487(a) - Grand Theft ■  Penal Code 550(b)(1) ■  Penal Code 550(b)(3) ■  Burden of Proof

California Insurance Code Section 1871.4 ■  “a

material misrepresentation for the purpose of obtaining worker’s compensation benefits ■  To whom can the lie be made: ■  Doctor ■  Supervisor ■  Claims

Adjuster ■  Investigator

Penal Code 118 – Perjury False statement under oath

Penal Code 550 (b) ■  Present

false claim for benefit under insurance policy

■  Conceal

event that affect’s right to benefit under insurance policy

Penal Code 487(a) ■  Grand

Theft

Penalties

Penalties ■  Ø  Ø 

■  Ø 

■  Ø 

■  Ø  Ø 

Insurance Code 1871.4(a)(1)

Up to one year in county jail (misdemeanor) or up to five years in State Prison (felony) and/or Fine: the greater of $150,000 or double the value of the fraud

Penal Code 118

Up to 4 years in State Prison

Penal Code 487

Up to one year in the County Jail (misdemeanor) or up to 3 years in State Prison (felony)

Penal Code 550(b)(1) and 550(b)(3)

Up to one year in the County Jail (misdemeanor) or up to 5 years in State Prison (Felony) and/or Fine: the greater of $10,000 (misdemeanor)/ $50,000 (felony) or double the amount of the fraud

Indicators of Applicant Fraud ■  ■  ■  ■  ■  ■  ■  ■ 

No witnesses to alleged injury Injury occurred under unusual circumstances or in an area where applicant would not normally be Applicant’s version of the accident is not credible Applicant gives differing versions of how the injury took place Applicant fails to report the injury timely Applicant’s physical complaints are all subjective in nature Applicant is a new hire Applicant made previous worker’s compensation claims

Indicators of Applicant Fraud ■  ■  ■  ■  ■  ■ 

Applicant’s job is seasonal or temporary and almost over Job pay rate is low to mid range The alleged injury relates to a preexisting injury or health problem Fellow employee’s state injury is not legitimate Applicant cannot be reached at home during work hours Applicant recently demoted, reprimanded or passed over for promotion

Investigation to Establish Fraud

Employer/Claims Adjuster Role ■  Document

all communication with

claimant ■  Interpreter names/addresses ■  DWC1 ■  Employer’s 1st Report – should be filled out completely

Effective Use of Depositions ■  Questions

must be specific ■  “Since your injury…” ■  Consider video-recording deposition

Effective Use of Depositions

November 9, 1995 – Sub rosa Investigation

January 24, 1996 – Video-recorded Deposition (suspect’s right hand held in a claw entire depo)

Effective Use of Video

Close in time to doctor visit ■  Close in time to depo ■  Activity must be significant ■  Inconsistent with claimant’s representation ■  Quality of video important ■ 

Reasons for Rejecting Fraud Referrals No false statements ■  No material misrepresentation ■ 

–  Had claimant told the truth, would it make a difference in the benefits received? ■ 

Dueling doctors

Premium Fraud: The Law ■  Insurance

Code 11880

–  State Compensation Insurance Fund ■  Insurance

Code 11760

–  Other carriers

Types of Premium Fraud Cash payroll ■  Misclassification of type of work performed ■  Failure to report injuries or reporting them as first aid ■  Purchasing insurance under a new name when there is no change in the control group ■ 

Premium Fraud: IMPACT ■  Causes

Premium Rates to Rise ■  Creates Unfair Competition ■  Usually not paying other payroll costs –  Franchise tax, SDI, UI, SS, Medicare, Fed Tax

Employer Misrepresentations: The Law ■  Insurance

Code 1871.4(a)

■  A

Employer Misrepresentations

person in an authoritative position lies to employee for the purpose of dissuading him or her from filing a workers’ comp claim. REASONS

Employer is not carrying insurance (a misdemeanor under the Labor Code). Employer is trying to keep his experience modifier down. A supervisor is trying to keep his reputation with the employer.

LABOR CODE §3700.5

Failure to obtain Worker’s Compensation Insurance ■ 

(559) 600-6710 Call Us!

gene glendenning CAL OSHA

topic: Heat standards Eugene Glendenning, Area Manager Cal/OSHA Consultation Service Fresno Area Office Phone (559) 454-1295

Eugene Glendenning has been with the Cal/OSHA Consultation Services Branch since 1979. He is the Area Manager of the Fresno Consultation Area Office. Eugene has also served as the Consultation Services High Hazard Coordinator. Prior to becoming an Area Manager, he has been both a Safety Engineer and an Industrial Hygienist. He is a founding member and past president of the Central Valley Chapter of the American Society of Safety Engineers.

FRESNO

PIWC 2015

Division of Occupational Safety and Health (Cal/OSHA)

2015 HEAT ILLNESS PREVENTION TRAINING

April 2015

Training Goals v Review the regulatory language and heat

illness preventive measures.

v Increase awareness and commitment to safety

and health at the work site.

Heat Illness Prevention Elements Include: v  Access to Water v  Access to Shade v  Weather Monitoring and Acclimatization v  High Heat Procedures v  Employee and Supervisory Training v  Written Procedures Including Emergency

Response

Access to Water v  Potable drinking water must be

made available at no cost to the employee.

v  Maintain, at all times, sufficient

quantities of pure and cool potable drinking water (i.e. enough to provide at least one quart per employee per hour for the entire shift).

Access to Water v  Water must be fit to drink.

Water containers CAN NOT be refilled from non-potable water sources (e.g. irrigation wells, sprinkler or firefighting systems).

v  Care must be taken to prevent

contamination of the drinking water supplied to the workers.

Access to Water v  Implement and

maintain effective replenishment procedures when beginning the shift with smaller quantities.

Access to Water v  Locate the water containers

as close as practicable given the working conditions and layout of the worksite.

v  Keep it readily accessible,

move it with the workers!

v  Encourage the frequent

drinking of water.

Remind workers not to wait until they are thirsty!

Shade Up:

When the temperature exceeds 80° F v  Have and maintain one or

more areas of shade at all times, when employees are present.

v  Locate the shade as close

as practical to the area where employees are working.

Shade Up:

When the temperature exceeds 80° F v  Provide enough shade to

accommodate the number of employees on recovery or rest periods.

v  Provide enough shade to

accommodate the number of employees on meal period who remain on site

v  Remember: Access to shade

must be permitted at all times.

Access to Shade, cont. v  Encourage employees to take a

cool-down rest in the shade.

v  Monitor employees on cool

down rests

v  Ask them if they’re

experiencing symptoms of heat illness

v  Don’t order back to work until

symptoms abated, allow at least a 5 minute rest

v  Take appropriate first aid steps

or emergency response as necessary

Access to Shade, cont. v  Shaded area must not cause

exposure to another health or safety hazard. Areas underneath mobile equipment (e.g. tractor), or areas that require crouching in order to sit fully in the shade are not acceptable.

If temperature is below 80° F

v  When the temperature does not exceed 80° F,

provide timely access to shade upon request.

When Infeasible or Unsafe

In situations where the employer can demonstrate that it is not safe or feasible to provide shade, an employer can utilize established procedures for providing shade upon request or, for non-agricultural employers, alternative cooling measures that provide equivalent protection.

Monitor the Weather www.nws.noaa.gov

v  Instruct supervisors to track

the weather of the job site [by monitoring predicted temperature highs and periodically using a thermometer.]

v  Determine, and instruct

supervisors, on how weather information will be used to modify work schedule, increase number of water and rest breaks or cease work early if necessary.

High Heat Procedures Industries covered by this subsection: v  Agriculture v  Construction v  Landscaping v  Oil and Gas Extraction v  Transportation or delivery of agricultural,

construction materials or other heavy materials.

When the temperature equals or exceeds 95° F You must implement additional preventive measures: v  Ensure effective

communication (by voice, observation or electronic means).

When the temperature equals or exceeds 95° F You must implement additional preventive measures: v Observe employees for

alertness and signs and symptoms of heat illness. v  Supervisory or designee observation of 20 or fewer

employees

v  Mandatory buddy system v  Regular communication v  Other effective means

When the temperature equals or exceeds 95° F v  Designate one or more

employees to call for emergency services

v  Give more frequent

reminders to drink plenty of water.

v  Hold pre-shift meetings on

prevention

When the temperature equals or exceeds 95° F v  For agricultural employers v  Temps 95 or above,

ensure employees take a minimum ten minute net preventative cool-down rest every two hours

v  Additional ten minute

cool-down rest at end of 8th and 10th hour of work

Emergency Response Procedures v Ensure effective communication v Respond to signs and symptoms of possible heat illness

Ø  Supervisor to take immediate, appropriate action Ø  If indicators of serious heat illness, implement emergency response procedures Ø  Employees exhibiting or reporting signs or symptoms of heat illness shall be monitored and not left alone. Onsite first aid or appropriate emergency medical services shall be offered. Ø  Contact emergency medical services and ensure that clear and precise directions to the site can be provided

Address Lack of Acclimatization v  As an employer, you are responsible for the working

conditions of your employees, so you must act effectively when conditions result in sudden exposure to heat that your workers are not used to.

v  All employees shall be closely observed by a

supervisor or designee during heat waves.

v  Employees newly assigned to high heat areas shall

be closely observed by a supervisor or designee for the first 14 days of employment

Address Lack of Acclimatization v  Thus, determine how your company will: Ø  lessen the intensity and/or shift length of the newly-hired

employees’ work during a two or more week break-in period; Ø  modify the work schedule or reschedule non essential duties, during the hot summer months; Ø  be extra-vigilant with your employees to recognize immediately symptoms of possible heat illness.

Employee & Supervisor Training Ensure all employees and supervisors: v  Are trained before

beginning work that should reasonably be anticipated to result in a heat illness.

Employee Training v  The environmental and

personal risk factors for heat illness, as well as the added burden of heat load on the body

Employee Training v  Your company’s heat

illness prevention procedures Ø 

Including, but not limited to, the employer’s responsibility to provide water, shade, cool-down rests, and access to first aid as well as the employees’ right to exercise their rights under this standard without retaliation

Employee Training, cont. v  Importance of frequent

consumption of small quantities of water

v  Different types of heat

illness, common signs and symptoms; and appropriate first aid or emergency response

v  Knowledge that heat

illness may progress rapidly

Employee Training, cont. v  The concept, importance, and methods of

acclimatization

Training must include the importance of acclimatization, how it is developed, and how your procedures address it.

v  Importance of immediately reporting signs or

symptoms of heat illness to a supervisor

v  Procedures for responding to possible heat

illness

Employee Training, cont. v  Procedures to follow when

contacting emergency medical services, providing first aid, and if necessary transporting employees.

v  Procedures that ensure clear

and precise directions to the work site, including designating a person to be available to ensure that emergency procedures are invoked when appropriate.

Supervisor Training Supervisors must be trained on the following: v  The heat standard requirements v  The procedures they must follow to

implement the requirements

v  Procedures to follow when a worker exhibits

or reports symptoms consistent with possible heat illness, including emergency response procedures and first aid.

v  How to monitor weather reports and how to

respond to hot weather advisories.

Written Procedures v  As long as they are effective,

your Heat Illness Procedures can be integrated into the IIPP.

v  Maintain the procedures on

site or close to the site, so that it can be made available to employees and representatives of Cal/OSHA upon request.

v  Plan in English and the

language understood by the majority of the employees

Written Procedures, cont. Detail how your company will: v  Provide access to water & shade. v  Monitor the weather. v  Institute high heat procedures v  Address acclimatization methods and procedures. v  Train all employees and supervisors. v  Respond to heat illnesses without delay, provide

first aid and emergency services.

v  Provide clear and precise directions to the

worksite.

Serious Hazard You risk a serious citation if the outdoor temperature in the work area exceeds 80° F and any of these required elements is not present at the site: v  Drinking water v  Shade v  Trained employees or supervisor v  Emergency response procedures

Imminent Hazard Don’t Risk an OPU! You may also risk an Order Prohibiting Use (OPU) and a Serious Citation if the heat and lack of facilities create an imminent hazard. An OPU may be issued if: v  The temperature is ≥ 95° and water, shade, training or

emergency procedures are not in place; v  The temperature is ≥ 80°, and there is a heat wave, heavy workload or other critical factor putting employees in danger.

An OPU: v  Will shut down the operation, and; v  Work will not be allowed to resume until the employer

demonstrates that the imminent hazard has been corrected.

For Additional Information Visit the Cal/OSHA Heat Illness Webpage: http://www.dir.ca.gov/DOSH/HeatIllnessInfo.html

Contact us by email: [email protected]

Heat Illness Materials Multilingual educational materials can be downloaded free from the www.99calor.org website

Cal/OSHA Consultation

STANDARDS PRESENTATION Attachment No. 1 TO Page 1 of 9 CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD PROPOSED STATE STANDARD, TITLE 8, DIVISION 1, CHAPTER 4 Subchapter 7. General Industry Safety Orders Article 10. Personal Safety Devices and Safeguards Amend Section 3395 to read: Section 3395. Heat Illness Prevention in Outdoor Places of Employment. (a) Scope and Application. (1) This standard applies to all outdoor places of employment. EXCEPTION: If an industry is not listed in subsection (a)(2), employers in that industry are not required to comply with subsection (e), High-heat procedures. (2) List of industries subject to all provisions of this standard, including subsection (e): (A) Agriculture (B) Construction (C) Landscaping (D) Oil and gas extraction (E) Transportation or delivery of agricultural products, construction materials or other heavy materials (e.g. furniture, lumber, freight, cargo, cabinets, industrial or commercial materials), except for employment that consists of operating an air-conditioned vehicle and does not include loading or unloading. (3) This section applies to the control of risk of occurrence of heat illness. This is not intended to exclude the application of other sections of Title 8, including, but not necessarily limited to, sections 1512, 1524, 3203, 3363, 3400, 3439, 3457, 6251, 6512, 6969, 6975, 8420 and 8602(e). NOTE NO. 1: The measures required here may be integrated into the employer's written Injury and Illness Program required by section 3203, or maintained in a separate document. NOTE NO. 2: This standard is enforceable by the Division of Occupational Safety

STANDARDS PRESENTATION Attachment No. 1 TO Page 2 of 9 CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD PROPOSED STATE STANDARD, TITLE 8, DIVISION 1, CHAPTER 4 and Health pursuant to Labor Code sections 6308 and 6317 and any other statutes conferring enforcement powers upon the Division. It is a violation of Labor Code sections 6310, 6311, and 6312 to discharge or discriminate in any other manner against employees for exercising their rights under this or any other provision offering occupational safety and health protection to employees. (b) Definitions. “Acclimatization” means temporary adaptation of the body to work in the heat that occurs gradually when a person is exposed to it. Acclimatization peaks in most people within four to fourteen days of regular work for at least two hours per day in the heat. “Heat Illness” means a serious medical condition resulting from the body's inability to cope with a particular heat load, and includes heat cramps, heat exhaustion, heat syncope and heat stroke. “Environmental risk factors for heat illness” means working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees. “Landscaping” means providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns, or gardens, or providing these services in conjunction with the design of landscape plans and/or the construction (i.e., installation) of walkways, retaining walls, decks, fences, ponds, and similar structures, except for employment by an employer who operates a fixed establishment where the work is to be performed and where drinking water is plumbed. “Oil and gas extraction” means operating and/or developing oil and gas field properties, exploring for crude petroleum or natural gas, mining or extracting of oil or gas or recovering liquid hydrocarbons from oil or gas field gases. “Personal risk factors for heat illness” means factors such as an individual's age, degree of acclimatization, health, water consumption, alcohol consumption, caffeine consumption, and use of prescription medications that affect the body's water retention or other physiological responses to heat.

STANDARDS PRESENTATION Attachment No. 1 TO Page 3 of 9 CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD PROPOSED STATE STANDARD, TITLE 8, DIVISION 1, CHAPTER 4 “Shade” means blockage of direct sunlight. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions and that does not deter or discourage access or use. “Temperature” means the dry bulb temperature in degrees Fahrenheit obtainable by using a thermometer to measure the outdoor temperature in an area where there is no shade. While the temperature measurement must be taken in an area with full sunlight, the bulb or sensor of the thermometer should be shielded while taking the measurement, e.g., with the hand or some other object, from direct contact by sunlight. (c) Provision of water. Employees shall have access to potable drinking water meeting the requirements of Sections 1524, 3363, and 3457, as applicable, including but not limited to the requirements that it be fresh, pure, suitably cool, and provided to employees free of charge. The water shall be located as close as practicable to the areas where employees are working. Where drinking water is not plumbed or otherwise continuously supplied, it shall be provided in sufficient quantity at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift. Employers may begin the shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour. The frequent drinking of water, as described in subsection (f)(h)(1)(C), shall be encouraged. (d) Access to shade. (1) Shade required to shall be present when the temperature exceeds 8580 degrees Fahrenheit. When the outdoor temperature in the work area exceeds 8580 degrees Fahrenheit, the employer shall have and maintain one or more areas with shade at all times while employees are present that are either open to the air or provided with ventilation or cooling. The amount of shade present shall be at least enough to accommodate 25% of the number of employees on the shift at any time recovery or rest periods, so that they can sit in a normal posture fully in the shade without having to be in physical contact with each other. The shaded area shade shall be located as close as practicable to the areas where employees are working. Subject to the same

STANDARDS PRESENTATION Attachment No. 1 TO Page 4 of 9 CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD PROPOSED STATE STANDARD, TITLE 8, DIVISION 1, CHAPTER 4 specifications, the amount of shade present during meal periods shall be at least enough to accommodate the number of employees on the meal period who remain onsite. (2) Shade required to shall be available when the temperature does not exceed 8580 degrees Fahrenheit. When the outdoor temperature in the work area does not exceed 8580 degrees Fahrenheit employers shall either provide shade as per subsection (d)(1) or provide timely access to shade upon an employee's request. (3) Employees shall be allowed and encouraged to take a preventative cooldown rest in the shade for a period of no less than five minutes at a time when they feel the need to do so to protect themselves from overheating. Such access to shade shall be permitted at all times. An individual employee who takes a preventative cool-down rest (A) shall be monitored and asked if he or she is experiencing symptoms of heat illness; (B) shall be encouraged to remain in the shade; and (C) shall not be ordered back to work until any signs or symptoms of heat illness have abated, but in no event less than 5 minutes in addition to the time needed to access the shade. (4) If an employee exhibits signs or reports symptoms of heat illness while taking a preventative cool-down rest or during a preventative cool-down rest period, the employer shall provide appropriate first aid or emergency response according to subsection (f) of this section. Exceptions to subsections (d)(1) and (d)(2): (1) Where the employer can demonstrate that it is infeasible or unsafe to have a shade structure, or otherwise to have shade present on a continuous basis, the employer may utilize alternative procedures for providing access to shade if the alternative procedures provide equivalent protection. (2) Except for employers in the agricultural industry, cooling measures other than shade (e.g., use of misting machines) may be provided in lieu of shade if the employer can demonstrate that these measures are at least as effective as shade in allowing employees to cool. (e) High-heat procedures. The employer shall implement high-heat procedures when the temperature equals or exceeds 95 degrees Fahrenheit. These procedures shall include the following to the extent practicable:

STANDARDS PRESENTATION Attachment No. 1 TO Page 5 of 9 CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD PROPOSED STATE STANDARD, TITLE 8, DIVISION 1, CHAPTER 4 (1) Ensuring that effective communication by voice, observation, or electronic means is maintained so that employees at the work site can contact a supervisor when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable. (2) Observing employees for alertness and signs or symptoms of heat illness. The employer shall ensure effective employee observation/monitoring by implementing one or more of the following: (A) Supervisor or designee observation of 20 or fewer employees, or (B) Mandatory buddy system, or (C) Regular communication with sole employee such as by radio or cellular phone, or (D) Other effective means of observation. (3) Designating one or more employees on each worksite as authorized to call for emergency medical services, and allowing other employees to call for emergency services when no designated employee is available. (4) Reminding employees throughout the work shift to drink plenty of water. (4) Close supervision of a new employee by a supervisor or designee for the first 14 days of the employee's employment by the employer, unless the employee indicates at the time of hire that he or she has been doing similar outdoor work for at least 10 of the past 30 days for 4 or more hours per day. (5) Pre-shift meetings before the commencement of work to review the high heat procedures, encourage employees to drink plenty of water, and remind employees of their right to take a cool-down rest when necessary. (6) For employees employed in agriculture, the following shall also apply: When temperatures reach 95 degrees or above, the employer shall ensure that the employee takes a minimum ten minute net preventative cool-down rest period every two hours. The preventative cool-down rest period required by this paragraph may be provided concurrently with any other meal or rest period required by Industrial Welfare Commission Order No. 14 if the timing

STANDARDS PRESENTATION Attachment No. 1 TO Page 6 of 9 CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD PROPOSED STATE STANDARD, TITLE 8, DIVISION 1, CHAPTER 4 of the preventative cool-down rest period coincides with a required meal or rest period thus resulting in no additional preventative cool-down rest period required in an eight hour workday. If the workday will extend beyond eight hours, then an additional preventative cool-down rest period will be required at the conclusion of the eighth hour of work; and if the workday extends beyond ten hours, then another preventative cool-down rest period will be required at the conclusion of the tenth hour and so on. For purposes of this section, preventative cool-down rest period has the same meaning as “recovery period” in Labor Code Section 226.7(a). (f) Emergency Response Procedures. The Employer shall implement effective emergency response procedures including: (1) Ensuring that effective communication by voice, observation, or electronic means is maintained so that employees at the work site can contact a supervisor or emergency medical services when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable. If an electronic device will not furnish reliable communication in the work area, the employer will ensure a means of summoning emergency medical services. (2) Responding to signs and symptoms of possible heat illness, including but not limited to first aid measures and how emergency medical services will be provided. (A) If a supervisor observes, or any employee reports, any signs or symptoms of heat illness in any employee, the supervisor shall take immediate action commensurate with the severity of the illness. (B) If the signs or symptoms are indicators of severe heat illness (such as, but not limited to, decreased level of consciousness, staggering, vomiting, disorientation, irrational behavior or convulsions), the employer must implement emergency response procedures. (C) An employee exhibiting signs or symptoms of heat illness shall be monitored and shall not be left alone or sent home without being offered onsite first aid and/or being provided with emergency medical services in accordance with the employer’s procedures. (3) Contacting emergency medical services and, if necessary, transporting

STANDARDS PRESENTATION Attachment No. 1 TO Page 7 of 9 CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD PROPOSED STATE STANDARD, TITLE 8, DIVISION 1, CHAPTER 4 employees to a place where they can be reached by an emergency medical provider. (4) Ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders. (g) Acclimatization. (1) All employees shall be closely observed by a supervisor or designee during a heat wave. For purposes of this section only, “heat wave” means any day in which the predicted high temperature for the day will be at least 80 degrees Fahrenheit and at least ten degrees Fahrenheit higher than the average high daily temperature in the preceding five days. (2) An employee who has been newly assigned to a high heat area shall be closely observed by a supervisor or designee for the first 14 days of the employee's employment. (f) (h) Training. (1) Employee training. Effective training in the following topics shall be provided to each supervisory and non-supervisory employee before the employee begins work that should reasonably be anticipated to result in exposure to the risk of heat illness: (A) The environmental and personal risk factors for heat illness, as well as the added burden of heat load on the body caused by exertion, clothing, and personal protective equipment. (B) The employer's procedures for complying with the requirements of this standard, including, but not limited to, the employer’s responsibility to provide water, shade, cool-down rests, and access to first aid as well as the employees’ right to exercise their rights under this standard without retaliation. (C) The importance of frequent consumption of small quantities of water, up to 4 cups per hour, when the work environment is hot and employees are likely to be sweating more than usual in the performance of their duties. (D) The concept, importance, and methods of acclimatization pursuant to the employer’s procedures under subsection (i)(4).

STANDARDS PRESENTATION Attachment No. 1 TO Page 8 of 9 CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD PROPOSED STATE STANDARD, TITLE 8, DIVISION 1, CHAPTER 4 (E) The different types of heat illness, and the common signs and symptoms of heat illness, and appropriate first aid and/or emergency responses to the different types of heat illness, and in addition, that heat illness may progress quickly from mild symptoms and signs to serious and life threatening illness. (F) The importance to employees of immediately reporting to the employer, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves, or in co-workers. (G)The employer's procedures for responding to signs or symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary. (H) The employer's procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider. (I) The employer's procedures for ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders. These procedures shall include designating a person to be available to ensure that emergency procedures are invoked when appropriate. (2) Supervisor training. Prior to supervising employees performing work that should reasonably be anticipated to result in exposure to the risk of heat illness effective training on the following topics shall be provided to the supervisor: (A) The information required to be provided by section (f)(h)(1) above. (B) The procedures the supervisor is to follow to implement the applicable provisions in this section. (C) The procedures the supervisor is to follow when an employee exhibits signs or reports symptoms consistent with possible heat illness, including emergency response procedures. (D) How to monitor weather reports and how to respond to hot weather advisories.

STANDARDS PRESENTATION Attachment No. 1 TO Page 9 of 9 CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD PROPOSED STATE STANDARD, TITLE 8, DIVISION 1, CHAPTER 4 (i)(3) Heat Illness Prevention Plan. The employer's shall establish, implement, and maintain, an effective procedures for complying with each requirement of this standard required by subsections (f)(1)(B), (G), (H), and (I)heat illness prevention plan. The plan shall be in writing in both English and the language understood by the majority of the employees and shall be made available at the worksite to employees and to representatives of the Division upon request. The Heat Illness Prevention Plan may be included as part of the employer’s Illness and Injury Prevention Program required by section 3203, and shall, at a minimum, contain: (1) Procedures for the provision of water and access to shade. (2) The high heat procedures referred to in subsection (e). (3) Emergency Response Procedures in accordance with subsection (f). (4) Acclimatization methods and procedures in accordance with subsection (g). NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code

Heat Illness Prevention Regulation Amendments California Code of Regulations, Title 8, Section 3395

Guidance for Employers and Employees on the New Requirements March 23, 2015

Contents INTRODUCTION ................................................................................................................................................................................................................................... 2 (b) DEFINITIONS................................................................................................................................................................................................................................... 2 (c) PROVISION OF WATER.................................................................................................................................................................................................................... 3 (d) ACCESS TO SHADE .......................................................................................................................................................................................................................... 4 (e) HIGH-HEAT PROCEDURES .............................................................................................................................................................................................................. 7 (f) EMERGENCY RESPONSE PROCEDURES .........................................................................................................................................................................................10 (g) ACCLIMATIZATION .......................................................................................................................................................................................................................13 (h) TRAINING .....................................................................................................................................................................................................................................13 (i) HEAT ILLNESS PREVENTION PLAN .................................................................................................................................................................................................15

Page 1

INTRODUCTION Changes to the Cal/OSHA heat illness prevention regulation are expected to go into effect on May 1, 2015. The tables in this document provide guidance to employers and employees on how to implement the new requirements. Please note that this document does not cover all possible situations. For additional information and materials, go to http://www.dir.ca.gov/DOSH/HeatIllnessInfo.html.

(b) DEFINITIONS EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

“Shade” means blockage of direct sunlight. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions.

“Shade” means blockage of direct sunlight. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions and that does not deter or discourage access or use.

Shade must be easy for employees to reach. The requirement that shade “not deter or discourage access or use” means that workers should not encounter any obstacles or hazardous or unreasonably unpleasant conditions while moving towards the shade or resting in the shade.

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Examples: • Employees should not have to cross traffic or waterways to reach the shade. • The shade should not be located next to portable toilet facilities or where employees would sit on wet or muddy ground or come in contact with branches, brush, and thorns.

(c) PROVISION OF WATER EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

Provision of water. Employees shall have access to potable drinking water meeting the requirements of Sections 1524, 3363, and 3457, as applicable. Where drinking water is not plumbed or otherwise continuously supplied, it shall be provided in sufficient quantity at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift. Employers may begin the shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour. The frequent drinking of water, as described in subsection (f)(1)(C), shall be encouraged.

Provision of water. Employees shall have access to potable drinking water meeting the requirements of Sections 1524, 3363, and 3457, as applicable, including but not limited to the requirements that it be fresh, pure, suitably cool, and provided to employees free of charge. The water shall be located as close as practicable to the areas where employees are working. Where drinking water is not plumbed or otherwise continuously supplied, it shall be provided in sufficient quantity at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift. Employers may begin the shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour. The frequent drinking of water, as described in subsection (f)(h)(1)(C), shall be encouraged.

The purpose of requiring that water be “fresh, pure, suitably cool, and provided to employees free of charge” and “located as close as practicable to the areas where employees are working” is to encourage workers to drink water often and avoid making the workers interrupt their work in order to do so. To ensure that water is fresh, pure, and suitably cool, Cal/OSHA advises employers or supervisors visually examine the water and pour some on their skin.

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Fresh and Pure Water must be fit to drink (i.e., potable) and free from odors that would discourage workers from drinking the water. If an employer supplies individual water containers, the containers must be clean, and a source of potable water (e.g., a municipal water source) must be readily available. Water from non-approved or non-tested water sources (e.g., untested wells) is not acceptable. If hoses or connections are used, they must be governmentally approved for potable drinking water systems, as shown on the manufacturer’s label. Suitably Cool During hot weather, the water must be cooler than the ambient temperature but not so cool as to cause discomfort. As Close As Practicable to Where Employees Are Working During a Cal/OSHA inspection, the inspector may ask the supervisor to describe the factors the employer considered in deciding where to place water. For example, although it may be impossible or prohibited by law to place water stations within rows of crops where employees are working, it may be possible to place the water stations at the end of rows. Because water containers are smaller than shade structures, they

(c) PROVISION OF WATER EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS can be placed closer to employees than shade structures can be. Placing water only in designated shade areas or where toilet facilities are located is not sufficient. When employees are working across large areas, water should be placed in multiple locations. For example, on a multi-story construction site, water should be placed in a safely accessible location on every floor where employees are working.

(d) ACCESS TO SHADE EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

(1) Shade required to be present when the temperature exceeds 85 degrees Fahrenheit. When the outdoor temperature in the work area exceeds 85 degrees Fahrenheit, the employer shall have and maintain one or more areas with shade at all times while employees are present that are either open to the air or provided with ventilation or cooling.

(1) Shade required to shall be present when the temperature exceeds 85 80 degrees Fahrenheit. When the outdoor temperature in the work area exceeds 85 80 degrees Fahrenheit, the employer shall have and maintain one or more areas with shade at all times while employees are present that are either open to the air or provided with ventilation or cooling.

The trigger temperature for shade being present is reduced from 85 to 80 degrees Fahrenheit. When temperatures exceed 80 degrees, shade structures must be erected if no other shade is readily available.

The amount of shade present shall be

The amount of shade present shall be at

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Even if temperatures do not exceed 80 degrees, shade must still be available. For employers using shade structures, it is helpful to have the structures erected if the weather is hot enough that the shade can help employees cool off. Employers should monitor predicted weather temperatures in advance (for example, by television or radio or on the Internet) to know when the temperature will probably exceed 80 degrees. Employers are expected to know if the temperature is in fact exceeding 80 degrees at the worksite. “Recovery and rest period” refers to the normal breaks required to be

(d) ACCESS TO SHADE EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

at least enough to accommodate 25% of the employees on the shift at any time, so that they can sit in a normal posture fully in the shade without having to be in physical contact with each other. The shaded area shall be located as close as practicable to the areas where employees are working.

least enough to accommodate 25% of the number of employees on the shift at any time recovery or rest periods, so that they can sit in a normal posture fully in the shade without having to be in physical contact with each other. The shaded area shade shall be located as close as practicable to the areas where employees are working. Subject to the same specifications, the amount of shade present during meal periods shall be at least enough to accommodate the number of employees on the meal period who remain onsite.

offered under Industrial Welfare Commission wage orders. The new rules require that enough shade be provided to accommodate all of the employees who are on such a break at any point in time. This does not mean that employers are required to provide enough shade to accommodate all of the employees on the shift at the same time. Employers may, for example, rotate the breaks among employees. They may also erect additional structures on an as-needed basis.

(3) Employees shall be allowed and encouraged to take a cool-down rest in the shade for a period of no less than five minutes at a time when they feel the need to do so to protect themselves from overheating. Such access to shade shall be permitted at all times.

(3) Employees shall be allowed and encouraged to take a preventative cooldown rest in the shade for a period of no less than five minutes at a time when they feel the need to do so to protect themselves from overheating. Such access to shade shall be permitted at all times. An individual employee who takes a preventative cool-down rest (A) shall be monitored and asked if he or she is experiencing symptoms of heat illness; (B) shall be encouraged to remain in the shade; and (C) shall not be

An employee may opt to take a “preventative cool-down rest” in the shade to help the body relieve excess heat. It is crucial that workers not be rushed while taking the cool-down rest.

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During meal periods, the employer must provide enough shade for all of the employees who choose to remain in the general area of work or in areas designated for recovery and rest periods. Employers may rotate employees in and out of meal periods, as with recovery and rest periods. Employers are not required to provide shade for employees who choose to spend meal periods in their own air-conditioned vehicles. However, employers may not require or pressure employees to eat their lunch in their own vehicles or go off-site to eat.

Water should be available in the rest area so that employees are encouraged to drink more water. The importance of prevention cannot be overstated. Employees who wait until symptoms appear before seeking shade and recovery are at significant risk of developing heat illness. The employee must be monitored during the cool-down rest and asked if he or she is experiencing any symptoms of heat illness including

(d) ACCESS TO SHADE EXISTING LANGUAGE

[None]

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

ordered back to work until any signs or symptoms of heat illness have abated, but in no event less than 5 minutes in addition to the time needed to access the shade.

simple fatigue. If any signs or symptoms of heat illness are observed or reported, the employer must not order the employee back to work and must continuously observe the employee until the signs or symptoms have abated. Common early signs and symptoms of heat illness may include, for example, pale skin, heavy sweating, headache, muscle cramps, and fatigue. If no sign or symptom of heat illness is observed or reported, monitoring may be periodic, not continuous.

(4) If an employee exhibits signs or reports symptoms of heat illness while taking a preventative cool-down rest or during a preventative cool-down rest period, the employer shall provide appropriate first aid or emergency response according to subsection (f) of this section.

The terms “preventative cool-down rest” and “preventative cool-down rest period” refer to two different sets of requirements. The requirements for “preventative cool-down rest periods” are set forth in section (e), below. If an employee exhibits or complains of any sign or symptom of heat illness, first-aid procedures should be initiated without delay. Progression to more serious illness can be rapid, and can include altered coordination and speech, mental confusion, unusual behavior, nausea, vomiting, hot dry skin, unusually profuse sweating, loss of consciousness, and seizures. The affected employee may be unable to self-diagnose these problems. If heat illness is suspected, emergency medical personnel should be contacted immediately. No employee with signs or symptoms of heat illness should be left unattended or sent home without being offered on-site first aid or provided emergency medical services, as discussed in subsection (f).

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(e) HIGH-HEAT PROCEDURES EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

The employer shall implement highheat procedures when the temperature equals or exceeds 95 degrees Fahrenheit. These procedures shall include the following to the extent practicable:

The employer shall implement high-heat procedures when the temperature equals or exceeds 95 degrees Fahrenheit. These procedures shall include the following to the extent practicable:

... (2) Observing employees for alertness and signs or symptoms of heat illness.

... (2) Observing employees for alertness and signs or symptoms of heat illness. The employer shall ensure effective employee observation/ monitoring by implementing one or more of the following: (A) Supervisor or designee observation of 20 or fewer employees, or (B) Mandatory buddy system, or (C) Regular communication with sole employee such as by radio or cellular phone, or (D) Other effective means of observation.

During periods of high heat, it is crucial that employees be monitored for early signs and symptoms of heat illness. This helps ensure that sick employees receive treatment immediately and serious illness does not develop. If an employee suffers syncope (fainting), disorientation, loss of consciousness, or other symptoms of heat illness while working unobserved, initial medical treatment may be delayed, with serious or fatal consequences.

(3) Reminding employees throughout the work shift to drink plenty of water.

(3) Designating one or more employees on each worksite as authorized to call for emergency medical services, and allowing other employees to call for emergency services when no designated employee is available.

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Because each work site is unique, the new provisions give employers options and flexibility in observing and monitoring employees. When employees work in small groups of no more than 20 workers, direct observation by a supervisor or designee may be sufficient. When there are too many employees to allow direct observation, the employer may use the buddy system and pair up employees. With the buddy system, the employer must train the employees to stay in contact, observe each other throughout the day, and immediately report any signs or symptoms of heat illness. For employees who are required to work alone, the employer may communicate with the employee by radio or cell phone in locations where there is adequate coverage. The employee must be contacted regularly and as frequently as possible throughout the day, since an employee in distress may not be able to summon help on his or her own. The new provisions allow employers to use different methods to monitor for heat illness. Whatever method is used, the employer must be able to ascertain the condition of employees at regular intervals and provide emergency services when an employee reports symptoms of heat illness or is unable to respond.

(e) HIGH-HEAT PROCEDURES EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

(4) Reminding employees throughout the work shift to drink plenty of water.

All employees must be trained to recognize the signs and symptoms of heat illness and must be allowed to call for emergency medical services when necessary. If, however, all employees in a crew are designated to call for emergency medical services, many will be reluctant to do so. Therefore, employers must specifically assign one or a small number of employees per crew to call for emergency medical services. A designated employee may be either supervisory or non-supervisory.

(4) Close supervision of a new employee by a supervisor or designee for the first 14 days of the employee's employment by the employer, unless the employee indicates at the time of hire that he or she has been doing similar outdoor work for at least 10 of the past 30 days for 4 or more hours per day.

(4) Close supervision of a new employee by a supervisor or designee for the first 14 days of the employee's employment by the employer, unless the employee indicates at the time of hire that he or she has been doing similar outdoor work for at least 10 of the past 30 days for 4 or more hours per day.

See subsection (g), Acclimatization, below.

[None]

(5) Pre-shift meetings before the commencement of work to review the high heat procedures, encourage employees to drink plenty of water, and remind employees of their right to take a cool-down rest when necessary.

Pre-shift meetings are meant to briefly remind supervisors and employees to review high-heat procedures. They are not meant to review every element previously covered in regular training or in orientation. The employer may determine whether the training is required based on the predicted temperature in the area. Topics that should be covered in pre-shift meetings include staying hydrated and taking preventative cool-down rests, identifying the employees who should call for emergency medical services when needed, and how employees will be observed. For employees working

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(e) HIGH-HEAT PROCEDURES EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS remotely, the employer may conduct pre-shift meetings by cell phone or radio.

[None]

(6) For employees employed in agriculture, the following shall also apply: When temperatures reach 95 degrees or above, the employer shall ensure that the employee takes a minimum ten minute net preventative cool down rest period every two hours. The preventative cool down rest period required by this paragraph may be provided concurrently with any other meal or rest period required by Industrial Welfare Commission Order No. 14 if the timing of the preventative cool down rest period coincides with a required meal or rest period thus resulting in no additional preventative cool down-rest period required in an eight hour work day. If the workday will extend beyond eight hours, then an additional preventative cool down-rest period will be required at the conclusion of the eighth hour of work; and if the work day extends beyond ten hours, then another preventative cool downrest period will be required at the

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This subsection applies only to agricultural work sites. When the temperature equals or exceeds 95 degrees, employers must provide one 10-minute “preventative cool-down rest period” every 2 hours. During the first 8 hours of a shift, the cool-down periods may be provided at the same time as the rest periods already required by Industrial Welfare Commission Order No. 14. If employees work longer than 8 hours, the employer must provide an additional 10-minute cool-down rest period every 2 hours. For example, if the shift extends beyond 8 hours, an additional rest period is required at the end of the 8th hour of work. If the shift extends beyond 10 hours, another is required at the end of the 10th hour. Employers must ensure that employees actually take the cool-down rest periods required under this section. Merely offering the opportunity for a break is not enough. Employers are required to provide additional breaks as soon as the temperature equals or exceeds 95 degrees. For example, even if the temperature does not reach 95 degrees until the last half of an 8-hour shift, if the shift will last longer than 8 hours, the employer must ensure that employees take cool-down rest periods starting at the end of the 8th hour of work. Cal/OSHA does not require employers to keep records of the rest

(e) HIGH-HEAT PROCEDURES EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

conclusion of the tenth hour and so on. For purposes of this section, preventative cool down rest period has the same meaning as “recovery period” in Labor Code Section 226.7(a).

periods provided under this subsection, but doing so is the best practice and would benefit them.

(f) EMERGENCY RESPONSE PROCEDURES EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

[Emergency response procedures were previously required only as an element of training.]

(f) Emergency Response Procedures. The Employer shall implement effective emergency response procedures including:

Emergency medical services must be provided as quickly as possible if an employee suffers heat illness. Establishing emergency response procedures is particularly important at non-fixed or remote work sites or at work sites where access is difficult.

[See above]

(1) Ensuring that effective communication by voice, observation, or electronic means is maintained so that employees at the work site can contact a supervisor or emergency medical services when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable. If an electronic device will not furnish reliable communication in the work area, employer will ensure a

If employees cannot reach emergency medical services directly (because cell phone coverage is inadequate, for example), the employer must designate a person who can immediately contact emergency services on behalf of the employees. The employees must be able to reach this person quickly (such as by radio) to request that emergency medical services be summoned.

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If, however, employees are able to contact emergency medical services directly, they must be allowed to do so in an emergency and not be required to contact a supervisor first.

(f) EMERGENCY RESPONSE PROCEDURES EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

means of summoning emergency medical services. [See above]

(2) Responding to signs and symptoms of possible heat illness, including but not limited to first aid measures and how emergency medical services will be provided. (A) If a supervisor observes, or any employee reports, any signs or symptoms of heat illness in any employee, the supervisor shall take immediate action commensurate with the severity of the illness. (B) If the signs or symptoms are indicators of severe heat illness (such as, but not limited to, decreased level of consciousness, staggering, vomiting, disorientation, irrational behavior or convulsions), the employer must implement emergency response procedures. (C) An employee exhibiting signs or symptoms of heat illness shall be monitored and shall not be left alone or sent home without being offered onsite first aid and/or being provided with emergency medical services in accordance with the employer’s procedures.

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Employers must ensure that supervisors and employees are trained to recognize the signs and symptoms of heat illness, take steps immediately to prevent the progression of heat illness, provide basic first aid (such as cooling towels and shade), obtain emergency medical services, and not allow an employee with signs or symptoms of heat illness to be left alone or sent home without being offered onsite first aid or provided with emergency medical services. Employers, however, are not required to provide medical personnel on site, and supervisors and employees are not expected to have medical expertise to diagnose heat illness.

(f) EMERGENCY RESPONSE PROCEDURES EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

[See above]

(3) Contacting emergency medical services and, if necessary, transporting employees to a place where they can be reached by an emergency medical provider.

The employer’s procedures must include contacting emergency medical services when necessary. The procedures must include immediate steps to keep a stricken employee cool and comfortable once emergency service responders have been called. The goal is to stop the rapid progression to more serious illness, which can include mental confusion, loss of consciousness, and seizures. When necessary, employers must be prepared to transport employees safely to a place where they can be reached by an emergency medical provider.

[See above]

(4) Ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders.

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Mobile crews must be provided with a map of their location or detailed directions that can be given to emergency responders.

(g) ACCLIMATIZATION EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

[Acclimatization was previously required only as an element of training.]

(g) Acclimatization (1) All employees shall be closely observed by a supervisor or designee during a heat wave. For purposes of this section only, “heat wave” means any day in which the predicted high temperature for the day will be at least 80 degrees Fahrenheit and at least ten degrees Fahrenheit higher than the average high daily temperature in the preceding five days. (2) An employee who has been newly assigned to a high heat area shall be closely observed by a supervisor or designee for the first 14 days of the employee's employment.

Acclimatization is a process by which the body adjusts to increased heat exposure. The body needs time to adapt when working in hotter environments. Employees are more like to develop heat illness if not allowed or encouraged to take it easy when a heat wave strikes or when starting a job that newly exposes them to heat. Acclimatization is fully achieved in most people within 4 to 14 days of regular work involving at least 2 hours per day in the heat.

EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

(1) Employee training. Effective training in the following topics shall be provided to each supervisory and nonsupervisory employee before the employee begins work that should reasonably be anticipated to result in

(1) Employee training. Effective training in the following topics shall be provided to each supervisory and non-supervisory employee before the employee begins work that should reasonably be anticipated to result in exposure to the

Employers must train all employees, both supervisory and nonsupervisory, on the policies and procedures established to comply with this regulation.

During heat waves and with new employees, employers must be extravigilant. A supervisor or designee must closely observe employees. Best practices include finding ways to lessen the intensity of employees' work during a heat wave and during 2-week break-in periods of new employees.

(h) TRAINING

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Training must be provided before the beginning of work involving a risk of heat illness. The training should be provided when an employee is

(h) TRAINING EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

exposure to the risk of heat illness:

risk of heat illness:

... (B) The employer's procedures for complying with the requirements of this standard.

... (B) The employer's procedures for complying with the requirements of this standard, including, but not limited to, the employer’s responsibility to provide water, shade, cool-down rests, and access to first aid as well as the employees’ right to exercise their rights under this standard without retaliation.

hired, with refresher training as needed. Training that is given close in time to the hot season is more effective than training given during colder seasons without follow-up refresher training.

(D) The importance of acclimatization. (E) The different types of heat illness and the common signs and symptoms of heat illness.

(D) The concept, importance, and methods of acclimatization, pursuant to the employer’s procedures under subsection (i)(4). (E) The different types of heat illness and, the common signs and symptoms of heat illness, and appropriate first aid and/or emergency responses to the different types of heat illness, and in addition, that heat illness may progress quickly from mild symptoms and signs to serious and life threatening illness.

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The changes in this subsection include new elements of the content of required training. Cal/OSHA evaluates compliance by examining both content and how it is presented. To be effective, training must be understood by employees and given in a language the employees understand. The test of compliance is whether training has occurred, whether the required content has been provided, and whether the training has been effective in communicating the essentials to employees. To evaluate compliance, Cal/OSHA personnel ask supervisory and nonsupervisory employees about required training elements. The questions are designed to determine whether employees received training through methods generally recognized as effective and whether they understood its content. Inspectors will not expect all answers to be correct but will look for indicators that the employer has made a goodfaith effort to communicate all the essential information. Employers must ensure that their work procedures are consistent with the information provided in the training. Cal/OSHA requires employers to maintain records of the training required in this subsection, as specified in the California Code of Regulations, title 8, section 3203 (Injury and Illness Prevention Program).

(i) HEAT ILLNESS PREVENTION PLAN EXISTING LANGUAGE

AMENDED LANGUAGE

GUIDANCE ON THE NEW REQUIREMENTS

(f)(3) The employer 's procedures for complying with each requirement of this standard required by subsections (f)(1)(B), (G), (H), and (I) shall be in writing and shall be made available to employees and to representatives of the Division upon request.

(i)(3) Heat Illness Prevention Plan. The employer's shall establish, implement, and maintain, an effective procedures for complying with each requirement of this standard required by subsections (f)(1)(B), (G), (H), and (I)heat illness prevention plan. The plan shall be in writing in both English and the language understood by the majority of the employees and shall be made available at the worksite to employees and to representatives of the Division upon request. The Heat Illness Prevention Plan may be included as part of the employer’s Illness and Injury Prevention Program required by section 3203, and shall, at a minimum, contain: (1) Procedures for the provision of water and access to shade. (2) The high heat procedures referred to in subsection (e). (3) Emergency Response Procedures in accordance with subsection (f). (4) Acclimatization methods and procedures in accordance with subsection (g).

The employer must develop, put in writing, and implement effective procedures for complying with the requirements of this standard. A compliant Heat Illness Prevention Plan includes the following: • Procedures for providing sufficient water, as described in subsection (c) • Procedures for providing access to shade, as described in subsection (d) • High-heat procedures in accordance with subsection (e) • Emergency response procedures, outlined in subsection (f) • Acclimatization methods and procedures in accordance with subsection (g)

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Employees and supervisors must be trained in these procedures so they understand and can implement the employer's plan. The most successful employers teach and make their system work using a teamwork approach. The Heat Illness Prevention Plan must be written both in English and in the language understood by the majority of employees. It must be available to employees at the worksite, as well as to representatives of Cal/OSHA upon request. The plan will be considered available at the worksite if, for example, it can be displayed for employees on a cell phone or other electronic device upon request. The Heat Illness Prevention Plan may be integrated into the employer’s Injury and Illness Prevention Program required under the California Code of Regulations, title 8, section 3203.

EMPLOYER SAMPLE PROCEDURES FOR HEAT ILLNESS PREVENTION April 2015

California employers with any outdoor places of employment must comply with the Heat Illness Prevention Standard - Title 8 California Code of Regulations (T8 CCR) Section 3395. These procedures have been created as a guide to assist employers in crafting their own heat illness prevention procedures, and to reduce the risk of work related heat illnesses among their employees. These procedures are not intended to supersede or replace the application of any other T8 CCR sections, particularly T8 CCR 3203 Injury and Illness Prevention Program (IIPP). T8 CCR 3203 requires an employer to establish, implement, and maintain an effective IIPP. The measures listed here may be integrated into the Employer’s Injury and Illness Prevention Program. The employer must also be aware that other standards apply to Heat Illness Prevention such as the requirement to provide for drinking water, first aid and emergency response. Please note: These procedures describe the minimal steps applicable to most outdoor work settings and are essential to reducing the incidence of heat related illnesses. In working environments with a higher risk for heat illness (e.g., during a heat wave, or other severe working or environmental conditions), it is the employer’s duty to exercise greater caution and additional protective measures beyond what is listed in this document, as needed to protect their employees. To effectively establish your company procedures, carefully review the key elements listed on this document, as well as the examples provided, then develop written procedures applicable to your workplace. The Heat Illness Prevention Plan must be written in English and the language understood by the majority of the employees and must be available at the worksite. Implement and train employees and supervisors on your company procedures and follow-up to ensure your procedures are fulfilled. Furthermore, to successfully tailor these procedures to your work activities, evaluate and consider the individual conditions present at your site (such as, but not limited to): (1) Size of the crew (2) The length of the work-shift (3) The ambient temperature (which can be taken either with the aid of a simple thermometer or by monitoring the weather) (4) The presence of personal protective equipment or additional sources of heat Again, these sample procedures do not include every workplace scenario, so it is crucial that your company evaluate and take into account conditions found in your individual workplace that are likely to cause a heat illness. Mandatory - Requirements for written procedures must also: 1. Identify the designated person(s) that has been assigned the applicable task(s) (e.g. supervisor, foreman, safety coordinator, crew leader). 2. Provide specific details required to carry out the task and ensure that the task is accomplished

EMPLOYER SAMPLE PROCEDURES FOR HEAT ILLNESS PREVENTION successfully (e.g. how many water containers/shade structures, of what size, distance to placement, frequency of water-level replenishment/weather-tracking/water breaks/reminders, etc.). For additional information, see the Enforcement Q&A. 3. Specify how these procedures will be communicated to your employees and in particular to the persons assigned these responsibilities (e.g. via training, meeting), and how it will be ascertained that these company instructions and procedures are followed.

( EMPLOYER’S NAME) The following designated person or persons (Program Administrator Safety Coordinator/ Supervisor/Foreman/Field Supervisor/Crew Leader) have the authority and responsibility for implementing the provisions of this program at this worksite. Name/Title/Phone Number 1. 2. 3. 4. 5. Note: Any of the following items applicable for the provision of water, shade, high heat, acclimatization methods and emergency procedures must have additional language added to provide specifics on how your company intends on implementing these provisions at the job site.

Sample Procedures to Consider for the Provision of Water (include but are not limited to the following):



Drinking water containers (of five to 10 gallons each) will be brought to the site, so that at least two quarts per employee are available at the start of the shift. All workers whether working individually or in smaller crews, will have access to drinking water.



Paper cone rims or bags of disposable cups and the necessary cup dispensers will be made available to workers and will be kept clean until used.



As part of the Effective Replenishment Procedures, the water level of all containers will be checked periodically (e.g. every hour, every 30 min), and more frequently when the temperature rises. Water

2

EMPLOYER SAMPLE PROCEDURES FOR HEAT ILLNESS PREVENTION containers will be refilled with cool water, when the water level within a container drops below 50 percent. Additional water containers (e.g. five gallon bottles) will be carried, to replace water as needed.







 

 



Water will be fresh, pure, and suitably cool and provided to employees free of charge. Supervisors will visually examine the water and pour some on their skin to insure that the water is suitably cool. During hot weather, the water must be cooler than the ambient temperature but not so cool as to cause discomfort. Water containers will be located as close as practicable to the areas where employees are working (given the working conditions and layout of the worksite), to encourage the frequent drinking of water. If field terrain prevents the water from being placed as close as possible to the workers, bottled water or personal water containers will be made available, so that workers can have drinking water readily accessible. Since water containers are smaller than shade structures, they can be placed closer to employees than shade structures. Placing water only in designated shade areas or where toilet facilities are located is not sufficient. When employees are working across large areas, water will be placed in multiple locations. For example, on a multi-story construction site, water should be placed in a safely accessible location on every floor where employees are working. All water containers will be kept in sanitary condition. Water from non-approved or non-tested water sources (e.g., untested wells) is not acceptable. If hoses or connections are used, they must be governmentally approved for potable drinking water systems, as shown on the manufactures label. Daily, workers will be reminded of the location of the water coolers and of the importance of drinking water frequently. When the temperature exceeds or is expected to exceed 80 degrees Fahrenheit, brief ‘tailgate’ meetings will be held each morning to review with employees the importance of drinking water, the number and schedule of water and rest breaks and the signs and symptoms of heat illness. Audible devices (such as whistles or air horns) will be used to remind employees to drink water. When the temperature equals or exceeds 95 degrees Fahrenheit or during a heat wave, pre-sift meetings before the commencement of work to encourage employees to drink plenty of water, and remind employees of their right to take a cool-down rest when necessary will be conducted. Additionally, the number of water breaks will be increased. Supervisors/foreman will lead by example and workers will be reminded throughout the work shift to drink water. Individual water containers or bottled water provided to workers will be adequately identified to eliminate the possibility of drinking from a co-workers container or bottle.

3

EMPLOYER SAMPLE PROCEDURES FOR HEAT ILLNESS PREVENTION

Sample Procedures for Access to Shade (include but are not limited to the following):



Shade structures will be opened and placed as close as practical to the workers, when the temperature equals or exceeds 80 degrees Fahrenheit. When the temperature is below 80 degrees Fahrenheit, access to shade will be provided promptly, when requested by an employee. Note: The interior of a vehicle may not be used to provide shade unless the vehicle is air-conditioned and the air conditioner is on.







Enough shade structures will be available at the site, to accommodate all of the employees who are on such a break at any point in time. During meal periods there will be enough shade for all of the employees who choose to remain in the general area of work or in areas designated for recovery and rest periods. (Employers may rotate employees in and out of meal periods, as with recovery and rest periods.) Daily, workers will be informed of the location of the shade structures and will be encouraged to take a five minute cool-down rest in the shade. An employee who takes a preventative cool-down rest break will be monitored and asked if he/she is experiencing symptoms of heat illness and in no case will the employee be ordered back to work until signs or symptoms of heat illness have abated. (see also the section on Emergency Response for additional information) Shade structures will be relocated to follow along with the crew and they will be placed as close as practical to the employees, so that access to shade is provided at all times. All employees on a recovery, rest break or meal period will have full access to shade so they can sit in a normal posture without having to be in physical contact with each other.



In situations where trees or other vegetation are used to provide shade (such as in orchards), the thickness and shape of the shaded area will be evaluated, before assuming that sufficient shadow is being cast to protect employees.



In situations where it is not safe or feasible to provide access to shade (e.g., during high winds), a note will be made of these unsafe or unfeasible conditions, and of the steps that will be taken to provide shade upon request.



For non-agricultural employers, in situations where it is not safe or feasible to provide shade (mobile equipment and vehicle hazards, high winds), a note will be made of these unsafe or unfeasible conditions, and of the steps that will be taken to provide alternative cooling measures but with equivalent protection as shade.

4

EMPLOYER SAMPLE PROCEDURES FOR HEAT ILLNESS PREVENTION

Sample Procedures for Monitoring the Weather (include but are not limited to):









The supervisor will be trained and instructed to check in advance the extended weather forecast. Weather forecasts can be checked with the aid of the internet (http://www.nws.noaa.gov/), or by calling the National Weather Service phone numbers (see CA numbers below) or by checking the Weather Channel TV Network. The work schedule will be planned in advance, taking into consideration whether high temperatures or a heat wave is expected. This type of advance planning should take place all summer long. CALIFORNIA Dial-A-Forecast •

Eureka 707-443-7062



Sacramento 916-979-3051



Hanford 559-584-8047



San Diego 619-297-2107 (#1)



Los Angeles 805-988-6610 (#1)



San Francisco 831-656-1725 (#1)

Prior to each workday, the forecasted temperature and humidity for the worksite will be reviewed and will be compared against the National Weather Service Heat Index to evaluate the risk level for heat illness. Determination will be made of whether or not workers will be exposed at a temperature and humidity characterized as either “extreme caution” or “extreme danger” for heat illnesses. It is important to note that the temperature at which these warnings occur must be lowered as much as 15 degrees if the workers under consideration are in direct sunlight. Prior to each workday, the supervisor will monitor the weather (using http://www.nws.noaa.gov/ or with the aid of a simple thermometer, available at most hardware stores) at the worksite. This critical weather information will be taken into consideration, to determine, when it will be necessary to make modifications to the work schedule (such as stopping work early, rescheduling the job, working at night or during the cooler hours of the day, increasing the number of water and rest breaks). A thermometer will be used at the jobsite to monitor for sudden increases in temperature, and to ensure that once the temperature exceeds 80 degrees Fahrenheit, shade structures will be opened and made available to the workers. In addition, when the temperature equals or exceeds 95 degrees Fahrenheit, additional preventive measures such as the High Heat Procedures will be implemented.

Sample Procedures for Handling a Heat Wave: For purposes of this section only, “heat wave” means any day in which the predicted high temperature for the day will be at least 80 degrees Fahrenheit and at least ten degrees Fahrenheit higher than the average high daily temperature in the preceding five days.

 



During a heat wave or heat spike, the work day will be cut short or rescheduled (example conducted at night or during cooler hours). During a heat wave or heat spike, and before starting work, tailgate meetings will be held, to review the company heat illness prevention procedures, the weather forecast and emergency response. In addition, if schedule modifications are not possible, workers will be provided with an increased number of water and rest breaks and will be observed closely for signs and symptoms of heat illness. Each employee will be assigned a “buddy” to be on the lookout for signs and symptoms of heat illness and to ensure that emergency procedures are initiated when someone displays possible signs or symptoms of heat illness.

5

EMPLOYER SAMPLE PROCEDURES FOR HEAT ILLNESS PREVENTION

Sample High Heat Procedures (include but are not limited to): High Heat Procedures are additional preventive measures that this company will use when the temperature equals or exceeds 95 degrees Fahrenheit.









Effective communication by voice, direct observation (applicable for work crews of 20 or fewer), mandatory buddy system, or electronic means will be maintained, so that employees at the worksite can contact a supervisor when necessary. If the supervisor is unable to be near the workers (to observe them or communicate with them), then an electronic device, such as a cell phone or text messaging device, may be used for this purpose if reception in the area is reliable. Frequent communication will be maintained with employees working by themselves or in smaller groups (keep tabs on them via phone or two-way radio), to be on the lookout for possible symptoms of heat illness. The employee(s) will be contacted regularly and as frequently as possible throughout the day, since an employee in distress may not be able to summon help on his or her own. Effective communication and direct observation for alertness and/or signs and symptoms of heat illness will be conducted frequently. When the supervisor is not available, a designated alternate responsible person must be assigned, to look for signs and symptoms of heat illness. If a supervisor, designated observer, or any employee reports any signs or symptoms of heat illness in any employee, the supervisor or designated person will take immediate action commensurate with the severity of the illness (see Emergency Response Procedures). Employees will be reminded constantly throughout the work shift to drink plenty of water and take preventative cool-down rest break when needed.

In addition to the High Heat Procedures listed above, the following High Heat Procedures apply only to agricultural work sites.





When the temperature equals or exceeds 95 degrees, employees will be provided one 10 minute “preventative cool-down rest period” every 2 hours. (During the first 8 hours of a shift, the cool-down periods may be provided at the same time as the rest periods already required by Industrial Welfare Commission Order No. 14.) Employees working longer than 8 hours will be provided an additional 10 minute cool-down rest period every 2 hours. (for example, if the shift extends beyond 8 hours, an additional rest period is required at the end of the 8th hour of work, If the shit extends beyond 10 hours, another is required and the end of the 10th hour, and so on.



All employees will be required to take the cool-down rest periods and merely offering the opportunity for a break is not enough.



Once the temperature equals or exceeds 95 degrees, records will be kept documenting the fact that mandatory cool-down rest periods are provided and taken.

6

EMPLOYER SAMPLE PROCEDURES FOR HEAT ILLNESS PREVENTION

Sample Procedures for Acclimatization (include but are not limited to): Acclimatization is the temporary and gradual physiological change in the body that occurs when the environmentally induced heat load to which the body is accustomed is significantly and suddenly exceeded by sudden environmental changes. In more common terms, the body needs time to adapt when temperatures rise suddenly, and an employee risks heat illness by not taking it easy when a heat wave strikes or when starting a new job that exposes the employee to heat to which the employee’s body hasn’t yet adjusted. Inadequate acclimatization can be significantly more perilous in conditions of high heat and physical stress. Employers are responsible for the working conditions of their employees, and they must act effectively when conditions result in sudden exposure to heat their employees are not used to.



The weather will be monitored daily. The supervisor will be on the lookout for sudden heat wave(s), or increases in temperatures to which employees haven’t been exposed to for several weeks or longer.



During a heat wave or heat spike, the work day will be cut short (example 12 p.m.), will be rescheduled (example conducted at night or during cooler hours) or if at all possible cease for the day.



New employees, or those employees who have been newly assigned to a high heat area will be closely observed by the supervisor or designee for the first 14 days. The intensity of the work will be lessened during a two-week break-in period (such as scheduling slower paced, less physically demanding work during the hot parts of the day and the heaviest work activities during the cooler parts of the day (earlymorning or evening). Steps taken to lessen the intensity of the workload for new employees will be documented.



The supervisor, or the designee will be extra-vigilant with new employees and stay alert to the presence of heat related symptoms.



New employees will be assigned a “buddy” or experienced coworker to watch each other closely for discomfort or symptoms of heat illness.



During a heat wave, all employees will be observed closely (or maintain frequent communication via phone or radio), to be on the lookout for possible symptoms of heat illness.



Employees and supervisors will be trained on the importance of acclimatization, how it is developed and how these company procedures address it.

Sample Procedures for Emergency Response (include but are not limited to):



Prior to assigning a crew to a particular worksite, workers and the foreman will be provided a map of the site, along with clear and precise directions (such as streets or road names, distinguishing features and distances to major roads), to avoid a delay of emergency medical services.



Prior to assigning a crew to a particular worksite, efforts will be made to ensure that a qualified and appropriately trained and equipped person is available at the site to render first aid if necessary.

7

EMPLOYER SAMPLE PROCEDURES FOR HEAT ILLNESS PREVENTION



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Prior to the start of the shift, a determination will be made of whether or not a language barrier is present at the site and steps will be taken (such as assigning the responsibility to call emergency medical services to the foreman or an English speaking worker) to ensure that emergency medical services can be immediately called in the event of an emergency. All foremen and supervisors will carry cell phones or other means of communication, to ensure that emergency medical services can be called. Checks will be made to ensure that these electronic devices are functional prior to each shift. When an employee is showing symptoms of possible heat illness, steps will be taken immediately to keep the stricken employee cool and comfortable once emergency service responders have been called (to reduce the progression to more serious illness). Under no circumstances will the affected employee be left unattended. At remote locations such as rural farms, lots or undeveloped areas, the supervisor will designate an employee or employees to physically go to the nearest road or highway where emergency responders can see them. If daylight is diminished, the designated employee(s) shall be given reflective vest or flashlights in order to direct emergency personnel to the location of the worksite, which may not be visible form the road or highway. During a heat wave or hot temperatures, workers will be reminded and encouraged to immediately report to their supervisor any signs or symptoms they are experiencing. Employees and supervisors training will include every detail of these written emergency procedures.

Sample Procedures for Handling a Sick Employee:



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When an employee displays possible signs or symptoms of heat illness, a trained first aid worker or supervisor will check the sick employee and determine whether resting in the shade and drinking cool water will suffice or if emergency service providers will need to be called. A sick worker will not be left alone in the shade, as he or she can take a turn for the worse! When an employee displays possible signs or symptoms of heat illness and no trained first aid worker or supervisor is available at the site, emergency service providers will be called. Emergency service providers will be called immediately if an employee displays signs or symptoms of heat illness (decreased level of consciousness, staggering, vomiting, disorientation, irrational behavior, incoherent speech, convulsions, red and hot face), does not look OK or does not get better after drinking cool water and resting in the shade. While the ambulance is in route, first aid will be initiated (cool the worker: place the worker in the shade, remove excess layers of clothing, place ice pack in the armpits and groin area and fan the victim). Do not let a sick worker leave the site, as they can get lost or die before reaching a hospital! If an employee does not look OK and displays signs or symptoms of severe heat illness (decreased level of consciousness, staggering, vomiting, disorientation, irrational behavior, incoherent speech, convulsions, red and hot face), and the worksite is located more than 20 minutes away from a hospital, call emergency service providers, communicate the signs and symptoms of the victim and request Air Ambulance.

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EMPLOYER SAMPLE PROCEDURES FOR HEAT ILLNESS PREVENTION

Sample Procedures for Employee and Supervisory Training (include but are not limited to): To be effective, training must be understood by employees and given in a language the employees understand. All employers must maintain records of the training showing the date of training, who performed the training, who attended training and subject(s) covered.



Supervisors will be trained prior to being assigned to supervise other workers. Training will include this company’s written procedures and the steps supervisors will follow when employees’ exhibit symptoms consistent with heat illness.



Supervisors will be trained on their responsibility to provide water, shade, cool-down rests, and access to first aid as well as the employees’ right to exercise their rights under this standard without retaliation.



Supervisors will be trained in appropriate first aid and/or emergency responses to different types of heat illness, and in addition, that heat illness may progress quickly from mild symptoms and signs to serious and life threatening illness.











Supervisors will be trained on how to track the weather at the job site (by monitoring predicted temperature highs and periodically using a thermometer). Supervisors will be instructed on, how weather information will be used to modify work schedules, to increase number of water and rest breaks or cease work early if necessary. All employees and supervisors will be trained prior to working outside. Training will include all aspects of implementing an effective Heat Illness Prevention Plan including but not limited to; providing sufficient water, providing access to shade, high-heat procedures, emergency response procedures and acclimatization contained in the company’s written prevention procedures. Employees will be trained on the steps that will be followed for contacting emergency medical services, including how they are to proceed when there are non-English speaking workers, how clear and precise directions to the site will be provided and the importance of making visual contact with emergency responders at the nearest road or landmark to direct them to their worksite. When the temperature is expected to exceed 80 degrees Fahrenheit, short ‘tailgate’ meetings will be held to review the weather report, to reinforce heat illness prevention with all workers, to provide reminders to drink water frequently, to inform them that shade can be made available upon request and to remind them to be on the lookout for signs and symptoms of heat illness. New employees will be assigned a “buddy” or experienced coworker to ensure that they understand the training and follow company procedures.

Resources (include but are not limited to): Heat Illness Prevention Enforcement Q&A Cal/OSHA’s Heat Illness Prevention etool Cal/OSHA’s Heat Illness Prevention Website

http://www.dir.ca.gov/dosh/heatIllnessQA.html http://www.dir.ca.gov/dosh/etools/08-006/index.htm http://www.dir.ca.gov/DOSH/HeatIllnessInfo.html

9

Heat  Illness  Prevention  Enforcement  Q&A     Updated:  April  6,  2015   1. Where  and  when  does  this  standard  apply?   This  standard  applies  to  all  outdoor  places  of  employment.  In  addition,  the  following  industries  are   subject  to  additional  requirements  in  high  heat  (over  95°F  or  above)   (see  Q&A  No.  8a  and  8b):   1. Agriculture,   2. Construction,   3. Landscaping,   4. Oil  and  gas  extraction,  and   5. Transportation  and  delivery  of  agricultural  products  and  of  construction  or  other  heavy   materials  (e.g.  furniture,  lumber,  freight,  cargo,  cabinets,  industrial  or  commercial   materials).   Cal/OSHA  interprets  the  standard's  provisions  to  apply  at  all  times  when  employees  work  outdoors.   Some  provisions  are  triggered  at  specific  times,  for  instance,  the  shade  requirement  described  in  Q&A   No.  7  and  the  High-­‐Heat  Procedures  addressed  by  Q&A  No.  8a.   2. What  is  meant  by  "outdoor  places  of  employment"?   An  outdoor  place  of  employment  is  best  thought  of  as  one  that  is  not  an  indoor  workplace.  A  workplace   with  a  roof  and  enclosed  sides  is  generally  considered  an  indoor  workplace.   For  the  purposes  of  this  standard,  the  distinguishing  quality  of  indoor  workplaces  is  that  they  reduce  the   risk  factors  that  commonly  lead  to  heat  illness.  (For  information  about  environmental  risk  factors  for   heat  illness,  see  Q&A  Nos.  4  and  5.)   For  example,  a  building  that  provides  sufficient  ventilation  and  cooling,  either  by  natural  or  mechanical   means,  and  blocks  exposure  to  direct  sunlight  will  be  considered  an  indoor  workplace.  Sheds,  packing   sheds,  and  partial  or  temporary  structures  such  as  tents,  lean-­‐tos,  and  structures  with  one  or  more  open   sides  can  be  either  indoor  or  outdoor  workplaces  depending  on  the  circumstances.   In  many  cases,  these  structures  may  actually  be  hotter  than  the  environment  outside  of  them  because   of  heating  by  the  sun  and  conditions  inside  like  limited  air  circulation  or  lack  of  insulation.  Cal/OSHA   considers  a  structure  in  this  category  to  be  an  outdoor  workplace  if  it  does  not  significantly  reduce  the   net  effect  of  the  environmental  risk  factors  that  exist  immediately  outside  of  the  structure.   On  the  other  hand,  open  areas  like  agricultural  fields,  forests,  parks,  equipment  and  storage  yards,   outdoor  utility  installations,  tarmacs,  and  roads  are  obvious  examples  of  outdoor  workplaces.  Outdoor  

workplaces  also  include  construction  sites  in  which  no  building  shell  has  been  completed  and  areas  of   construction  sites  that  are  outside  of  any  building  shells  that  may  be  present.  Outdoor  areas  adjacent  to   buildings,  (e.g.,  loading  docks)  are  also  considered  outdoor  places  of  employment  if  an  employee  spends   a  significant  amount  of  time  working  in  them.   3. Are  there  other  regulations  that  apply  to  the  risk  of  heat  illness?   Yes.  They  include  requirements  for  employers  to  have  an  effective  Injury  and  Illness  Prevention  Program   (IIPP)  and  to  provide  for  drinking  water,  first  aid  and  emergency  response.  There  are  also  requirements   tailored  to  specific  industrial  operations.  Areas  where  these  regulations  overlap  or  augment  8  CCR   §3395  will  be  noted  in  the  more  specific  sections  below.   Employers  should  note,  however,  that  8  CCR  §3203  requires  an  employer  to  establish,  implement,  and   maintain  an  effective  IIPP.  All  IIPPs  must  include  effective  procedures  for  hazard  identification,   evaluation  and  control,  hazard  correction,  investigation  of  employee  injuries  and  illnesses,  and   communication  with  employees  about  health  and  safety  matters.  All  of  these  requirements  apply  to  the   hazards  posed  by  exposure  to  outdoor  heat  as  well  as  other  hazards.   The  requirement  for  effective  communication  is  particularly  relevant  to  heat  illness  prevention.  In   evaluating  compliance  with  this  requirement,  Cal/OSHA  determines  what  the  employer  does  to  account   for  the  whereabouts  of  all  employees  at  appropriate  intervals  during  the  work  shift  and  at  the  end  of  the   shift.  This  is  a  critical  procedure  to  follow  when  the  outdoor  work  environment  creates  a  heat  hazard   that  could  result  in  the  collapse  of  an  employee  due  to  heat  illness.  Indoor  heat  can  be  a  known  hazard   in  the  workplace,  and  under  the  obligation  of  the  IIPP,  employers  are  required  to  inform  their   employees  about  the  hazard  and  outline  the  steps  taken  to  mitigate  it.   Finally,  employers  should  note  that  the  following  standards  apply  to  heat  stress  or  temperature  control   in  specific  operations:   •

Hazardous  waste  sites  and  emergency  response:  8  CCR  §5192,  



Working  chambers  subjected  to  compressed  air:  8  CCR  §1230(a),  and  



Building  ventilation  systems:  8  CCR  §5142  and  8  CCR  §5143.  

4. What  are  the  environmental  risk  factors  for  heat  illness?   8  CCR  §3395  defines  environmental  risk  factors  as  including  "air  temperature,  relative  humidity,  radiant   heat  from  the  sun  and  other  sources,  conductive  heat  sources  such  as  the  ground,  air  movement,   workload  severity  and  duration,  protective  clothing  and  personal  protective  equipment  worn  by   employees."   Some  of  these  factors,  in  particular  air  temperature,  radiant  heat,  air  movement,  and  conductive  heat   sources,  determine  how  much  an  employee's  body  is  heated  from  external  sources.  Relative  humidity,   air  movement,  protective  clothing,  and  some  personal  protective  equipment  affect  an  employee's  ability  

to  cool  through  the  evaporation  of  sweat  and  contact  with  cooler  air.  Workload  intensity  and  duration,   which  can  be  increased  by  use  of  personal  protective  equipment,  add  to  the  employee's  heat  burden  by   producing  metabolic  heat.   It  is  essential  and  required  that  supervisors  and  workers  be  trained  to  understand  how  environmental   and  personal  risk  factors,  as  well  as  the  added  burden  of  heat  load  on  the  body  caused  by  exertion,   clothing,  and  personal  protective  equipment,  can  increase  the  risk  of  heat  illness.   For  example,  some  employees  can  be  at  risk  of  heat  illness  even  when  temperatures  are  considered   mild,  if  they  wear  chemical  protective  clothing  such  as  hazmat  suits  designed  to  be  impervious  to   chemical  liquids  and  vapors,  or  other  clothing  or  body  coverings  that  significantly  interfere  with  the   body's  ability  to  dissipate  heat  compared  with  normal  clothing.  Certain  water  and  shade  requirements   are  applicable  all  year  round,  but  employers  should  also  address  the  particular  hazards  presented  by   these  conditions  in  their  Heat  Illness  Prevention  Program.   5. What  is  the  best  way  to  monitor  the  weather  and  evaluate  the  severity  of  environmental  risk   factors  for  heat  illness?   Some  requirements  of  the  standard  are  triggered  by  outside  temperatures.  It  is,  therefore,  critical  that   employers  track  the  weather  and  routinely  check  for  approaching  heat  waves.  Heat  waves  are  the   primary  cause  of  heat-­‐related  illnesses  and  fatalities  in  the  state.  For  example,  according  to  a  study   completed  by  Cal/OSHA  in  October  2007,  the  2006  Cal/OSHA  Heat  Illness  Case  Study,  84%  of  the   confirmed  occupational  heat  illnesses  in  2006  occurred  during  the  July  heat  wave.   This  study  also  identified  the  key  role  that  supervisors  play  in  preventing  worker  fatalities  due  to  heat   illness.  This  finding  highlights  the  value  of  training  supervisors  so  that  they  can  make  the  fullest  use  of   their  supervisory  power  to  control  safety  on  the  job.  Knowing  how  to  monitor  weather  reports,  making   it  a  daily  practice  of  doing  so,  and  taking  appropriate  action  in  response  to  predicted  hot  weather  are  all   an  essential  part  of  a  supervisor’s  training,  hence  the  requirement  that  this  training  be  provided  to  all   supervisors  whose  employees  perform  outdoor  work.   The  National  Weather  Service  forecasts  the  temperature  in  various  locations  in  California.  Weather   forecasts  and  information  are  broadcast  on  NOAA  Weather  radio  and  can  be  accessed  at   http://www.weather.gov/view/states.php?state=ca&map=on.   The  supervisor  should  use  a  thermometer  to  keep  track  of  the  temperature  at  the  work  site  on  hot  days.   A  simple  thermometer  available  at  hardware  stores  can  be  used  to  measure  the  outdoor  ("dry  bulb")   temperature,  as  long  as  it  is  taken  in  an  area  where  there  is  no  shade.  The  temperature  measurement   must  be  taken  in  an  area  with  full  sunlight  and  the  bulb  or  sensor  of  the  thermometer  should  be   shielded  from  direct  contact  with  sunlight  (with  the  hand  or  some  other  object)  while  taking  the   measurement.   6. What  is  considered  sufficient  access  to  drinking  water?  

Adequate  water  is  required  at  all  times,  regardless  of  outdoor  temperature  and  must  be  made  available   at  no  cost  to  the  employee.   Water  is  the  body's  single  best  defense  against  heat  other  than  removing  heat  exposure  itself.  In   conditions  of  high  heat  and  strenuous  work,  the  human  body  can  lose  over  a  quart  of  fluid  per  hour  just   by  sweating.  Continuous  replacement  of  this  lost  fluid  is  critical  to  allowing  the  body  to  maintain  the  life-­‐ preserving  cooling  benefits  of  perspiration.  This  is  why  it  is  so  important  to  ensure  the  presence  of,   ready  access  to,  and  consumption  of  pure,  fresh,  and  cool  drinking  water.   The  water  must  be  potable  (i.e.,  fit  to  drink),  fresh,  pure,  suitably  cool,  and  provided  to  employees  free   of  charge.  Water  must  be  located  as  close  as  it  is  feasible  to  place  it  to  the  areas  where  employees  are   working.  The  purpose  of  these  requirements  is  to  encourage  workers  to  drink  water  often  and  avoid   making  the  workers  interrupt  their  work  in  order  to  do  so.  To  ensure  that  water  is  fresh,  pure,  and   suitably  cool,  Cal/OSHA  advises  employers  or  supervisors  to  visually  examine  and  smell/taste  the  water   and  pour  some  on  their  skin.    .

When  is  water  fresh  and  pure?  

Water  must  be  potable  (i.e.,  fit  to  drink)  and  free  from  odors  that  would  discourage  workers  from   drinking  it.  If  an  employer  supplies  individual  water  containers,  the  containers  must  be  clean,  and  a   source  of  potable  water  (e.g.,  a  municipal  water  source)  must  be  readily  available.  Water  from  non-­‐ approved  or  non-­‐tested  water  sources  (e.g.,  untested  wells)  is  not  acceptable.  If  hoses  or  connections   are  used,  they  must  be  manufacture-­‐approved  for  potable  drinking  water  systems,  as  shown  on  the   manufacturer’s  label.   a. When  is  water  suitably  cool?   Water  provided  to  employees,  whether  by  Igloo  or  other  container,  is  not  required  to  be  maintained  at  a   specific  temperature.  Rather,  the  employer  should  ensure  that  the  water  is  cooler  than  the  outside   temperature  (during  the  summer  months)  but  not  so  cool  as  to  cause  discomfort.  In  hot  weather,  it  is   recommended  that  employers  have  ice  on  hand  to  keep  the  water  cool.   b. When  is  water  as  close  as  practicable  to  where  employees  are  working?   Potable  drinking  water  must  always  be  placed  in  locations  readily  accessible  to  all  employees,  so  that   employees  can  easily  drink  while  working.  When  an  employee  has  to  interrupt  work  in  order  to  drink,   the  chances  go  down  that  the  employee  will  drink  enough  water  to  protect  fully  against  heat  illness.   Employers  are,  therefore,  encouraged  to  consider  creative  means  of  placing  water  near  working   employees  (for  instance,  on  harvesting  machinery).   During  a  Cal/OSHA  inspection,  the  inspector  may  ask  the  supervisor  to  describe  the  factors  the  employer   considered  in  deciding  where  to  place  water.  For  example,  although  it  may  be  impossible  or  prohibited   by  law  to  place  water  stations  within  rows  of  crops  where  employees  are  working,  it  may  be  possible  to   place  the  water  stations  at  the  end  of  rows.  Because  water  containers  are  smaller  than  shade  structures,   they  can  be  placed  closer  to  employees  than  shade  structures.  Placing  water  only  in  designated  shade  

areas  or  where  toilet  facilities  are  located  is  not  sufficient.  When  employees  are  working  across  large   areas,  water  should  be  placed  in  multiple  locations.  For  example,  on  a  multi-­‐story  construction  site,   water  should  be  placed  in  a  safely  accessible  location  on  every  floor  where  employees  are  working.   Employers  may  supply  employees  with  individual  water  bottles/containers  (preferably  insulated)   provided  hygiene  is  ensured  (i.e.,  clean  bottles  for  each  employee)  and  a  source  for  water   replenishment  is  readily  available.  It  is  not  permissible  for  an  employer  to  require  employees  to  supply   their  own  water  or  water  containers.   c. What  is  the  required  amount  of  water  and  what  are  "effective  procedures  for   replenishment"?   When  unlimited  drinking  water  is  not  immediately  available  from  a  plumbed  system  or  otherwise   continuously  supplied,  the  employer  must  provide  enough  water  for  every  employee  to  be  able  to  drink   one  quart  of  water,  or  four  eight-­‐ounce  cups,  per  hour.   If  an  employer  chooses  not  to  provide  the  full-­‐shift  quantity  of  drinking  water  at  the  start  of  a  work  shift   (e.g.,  two  gallons  per  employee  for  an  eight-­‐hour  shift),  the  standard  requires  effective  written   procedures  for  drinking-­‐water  replenishment  allowing  each  employee  to  drink  one  quart  per  hour.  In   other  words,  a  sufficient  quantity  of  water  must  always  be  present  and  readily  accessible  allowing  every   employee  to  consume  at  least  one  quart  of  water  per  hour  until  the  water  supply  has  been  replenished.   A  water-­‐supply  procedure  that  depends  on  replenishment  during  the  work  shift  is  out  of  compliance  if  it   is  not  reliable.  An  employer  is  also  out  of  compliance  if  at  any  time  drinking  water  is  not  available  to   employees,  or  if  the  practice  is  to  wait  until  the  water  vessel  is  empty  to  replenish  it.  It  is  similarly   impermissible  for  an  employer  to  replenish  the  drinking-­‐water  supply  only  when  requested  by   employees.   d. What  is  meant  by  encouragement  to  drink  water?   The  standard  requires  not  only  that  water  be  provided,  but  that  employers  encourage  employees  to   drink  it  frequently.  The  importance  of  this  cannot  be  overstated.  Employees  are  there  to  work,  and   many  of  them  may  not  feel  how  urgently  their  bodies  need  water.  The  2006  Cal/OSHA  Heat  Illness  Case   Study  showed  that  although  90%  of  the  work  sites  had  drinking  water  at  the  site,  96%  of  the  employees   suffering  from  heat  illnesses  were  dehydrated.   The  tendency  of  employees  to  be  unaware  of  and/or  not  respond  to  their  body’s  need  to  hydrate  is  an   unfortunate  but  preventable  cause  of  heat  illness.     In  their  employee  training  sessions,  employers  must  stress  the  importance  of  drinking  water  frequently   throughout  the  day,  especially  in  high  heat.  By  removing  any  barriers  that  may  exist  to  access,  making   the  access  distance  as  short  as  reasonable,  and  making  the  water  station  inviting  by  using  ice  and  shade,   employers  can  actively  facilitate  and  encourage  the  frequent  drinking  of  water.   e. Are  there  other  regulations  that  apply  to  the  provision  of  water?  

Yes.  The  following  Title  8  standards  apply  to  the  provision  of  drinking  water:   •  Construction:  8  CCR  §1524,  •  Hand  labor  in  agriculture:  8  CCR  §3457,  •  Mining:  8  CCR  §6975,  and  •  All   other  places  of  employment:  8  CCR  §3363.     These  standards  require  employers  to  provide  sufficient  quantities  of  drinking  water  in  general  in  any   work  environment  to  which  they  apply.  For  employees  working  in  the  heat,  a  minimum  of  one  quart  of   drinking  water  per  hour  must  be  available  to  each  employee,  (e.g.,  two  gallons  per  employee  for  an   eight-­‐hour  shift)  to  replace  water  lost  by  sweating.   7. What  is  considered  sufficient  access  to  shade?    .

When  must  shade  be  provided?  

When  temperatures  exceed  80°F,  shade  structures  must  be  erected  if  no  other  shade  is  readily   available.   Even  if  temperatures  do  not  exceed  80°F,  shade  must  still  be  available,  and  it  is  helpful  to  have  the   shade  erected  if  the  weather  is  hot  enough  that  the  shade  can  help  employees  cool  off.   Employers  should  monitor  predicted  weather  temperatures  in  advance  (on  television,  radio  or  the   Internet)  to  know  when  the  temperature  is  likely  to  exceed  80  degrees.  Employers  are  expected  to  know   if  the  temperature  is  in  fact  exceeding  80  degrees  at  the  work  site.   a. What  are  appropriate  sources  of  shade?   Shade  may  be  provided  by  any  natural  or  artificial  means  that  do  not  expose  employees  to  unsafe  or   unhealthy  conditions.   For  example,  buildings,  canopies,  lean-­‐tos,  or  other  partial  or  temporary  structures  that  are  either   ventilated  or  open  to  air  movement  may  provide  shade.  Trees  can  also  provide  shade  that  is  superior  to   artificially  provided  shade  and  are  accepted  as  compliant  sources  of  shade  if  the  following  conditions  are   met:   1. the  canopy  of  the  trees  must  be  sufficiently  dense  to  provide  substantially   complete  blockage  of  direct  sunlight,  and   2. the  branches  from  the  trees  must  not  be  so  low  to  the  ground  that  employees   must  crouch  or  cannot  sit  up  straight  without  contacting  vegetation.   Spots  of  sunlight  are  acceptable  as  long  as,  overall,  the  shade  provides  substantially  complete  blockage   of  sunlight.  Where  trees  or  other  vegetation  are  used  to  provide  shade,  the  thickness  and  shape  of  the   canopy  must,  given  the  changing  angles  of  the  sun,  result  in  a  sufficient  shadow  being  cast  to  protect   employees  from  the  sun  during  the  entire  shift.   The  interior  of  a  vehicle  may  not  be  used  to  provide  shade  unless  the  vehicle  is  air-­‐conditioned  and  the   air  conditioner  is  operating.  Similarly,  metal  storage  sheds  and  other  out-­‐buildings  do  not  provide  

protection  from  sunlight  which  meets  the  definition  of  shade  unless  they  provide  a  cooling  environment   comparable  to  shade  in  open  air  (i.e.,  they  must  be  mechanically  ventilated  or  open  to  air  movement).   b. When  is  shade  of  sufficient  quality?   Shade  is  blockage  of  direct  sunlight.  Blockage  is  always  sufficient  when  objects  do  not  cast  a  shadow  in   the  shaded  area.  An  enclosed  area  used  to  provide  shade  must  allow  cooling  at  least  comparable  to  the   cooling  that  would  be  provided  in  a  shaded  unenclosed  area  in  the  same  location.   c. What  is  acceptable  access  and  location?   Shade  must  be  easy  for  employees  to  reach  and  its  location  must  not  deter  or  discourage  access  or  use.   Workers  should  not  have  to  encounter  any  obstacles  or  hazardous  or  unreasonably  unpleasant   conditions  to  reach  the  shade  or  while  resting  in  it.  For  example,  employees  should  not  have  to  cross   traffic  or  waterways  to  reach  the  shade  nor  should  it  be  located  next  to  portable  toilet  facilities  or  where   employees  would  sit  on  wet  or  muddy  ground  or  come  in  contact  with  branches,  brush,  and  thorns.   The  shaded  area  must  let  employees  assume  a  comfortable  posture  and  must  not  cause  exposure  to   another  health  or  safety  hazard.  Therefore,  the  shade  requirement  cannot  be  met  by  using  areas   underneath  mobile  equipment,  like  a  tractor,  or  areas  that  require  employees  to  crouch  in  order  to  sit   fully  in  the  shade.   The  shade,  whether  natural  or  structural,  must  be  as  close  as  practicable  to  where  employees  are   working,  given  the  working  conditions  and  layout  of  the  work  site.  During  a  Cal/OSHA  inspection,  the   inspector  may  ask  the  supervisor  to  describe  the  factors  the  employer  considered  in  deciding  where  to   place  shade  structures.  Because  shade  is  more  portable  than  bathroom  facilities,  it  can  and  should  be   placed  closer  to  where  employees  work.  This  may  involve  placing  shade  structures  in  multiple  areas  over   large  work  sites  and/or  moving  the  structures  as  the  work  area  changes  (such  as  movement  across  fields   and  rows).   When  the  employer  can  demonstrate  that  it  is  infeasible  or  unsafe  to  have  a  shade  structure,  or   otherwise  to  have  shade  present  on  a  continuous  basis,  the  employer  may  use  alternative  procedures   for  providing  access  to  shade  as  long  as  the  alternative  procedures  provide  equivalent  protection.   d. How  much  shade  must  be  available?   Employers  must  ensure  there  is  enough  shade  for  all  employees  taking  a  rest  and  recovery  period   (breaks)  at  any  one  time  to  sit  comfortably  and  fully  in  the  shade  without  touching  each  other.  This  does   not  mean  that  employers  are  required  to  provide  enough  shade  to  accommodate  all  of  the  employees   on  the  shift  at  the  same  time.  Employers  may,  for  example,  rotate  the  breaks  among  employees.  They   may  also  erect  additional  structures  on  an  as-­‐needed  basis.  Any  such  procedure  must  be  clearly  and   accurately  described  in  the  employer's  written  heat  illness  prevention  procedures.   The  rules  and  recommendations  described  above  for  breaks  also  apply  to  meal  breaks.  The  only   difference  is  that  employers  are  required  to  provide  shade  for  all  employees  who  choose  to  remain  in  

the  general  area  of  work  or  in  areas  designated  for  recovery  and  rest  periods.  Employers  may  rotate   employees  in  and  out  of  meal  periods,  like  with  recovery  and  rest  periods.  Employers  are  not  required   to  provide  shade  for  employees  who  choose  to  spend  meal  periods  in  their  own  air-­‐conditioned   vehicles.  However,  employers  may  not  require  or  pressure  employees  to  eat  their  lunch  in  their  own   vehicles  or  go  off  site  to  eat.   e. What  if  it  is  unsafe  to  provide  a  shade  structure?   When  the  employer  can  demonstrate  that  a  shade  structure  would  be  unsafe  or  infeasible,  then  the   employer  may  provide  alternate  access  to  shade  that  provides  equivalent  protection.   For  example,  it  may  be  unsafe  to  erect  a  shade  structure  near  the  edge  of  a  trench  or  ravine,  or  when   high  winds  run  the  risk  of  causing  a  shade  structure  placed  near  workers  to  blow  away  and  hit  them.   Furthermore,  establishing  a  shade  structure  on  a  continuous  basis  may  be  infeasible  for  employees  who   constantly  move  from  site  to  site  (e.g.,  meter  readers  or  irrigation  installers).  In  these  cases,  the   employer  must  document  this  determination  and  specify  what  alternatives  to  shade  will  be  provided  to   afford  equivalent  protection.   f.

When  may  employers  use  cooling  measures  other  than  shade?  

Nonagricultural  employers  may  provide  cooling  measures  other  than  shade  if  they  can  demonstrate  that   the  alternative  is  at  least  as  effective  as  shade.   For  example,  misting  machines  are  acceptable  when  the  employer  can  demonstrate  that  they  are  at   least  as  effective  as  shade  at  allowing  the  body  to  cool.   g. What  are  the  requirements  for  encouraging  workers  to  rest  in  the  shade?   The  employer  is  required  to  allow  and  encourage  employees  to  take  a  cool-­‐down  rest  in  the  shade  for  a   period  of  no  less  than  five  minutes  at  a  time  when  they  feel  the  need  to  do  so  to  protect  themselves   from  overheating.  It  is  crucial  that  workers  not  be  rushed  while  taking  the  cool-­‐down  rest,  since  the   purpose  of  the  cool-­‐down  rest  in  the  shade  is  to  reduce  heat  stress  on  the  employee;  waiting  until   symptoms  appear  before  seeking  shade  and  recovery  creates  a  significant  risk  of  developing  heat  illness.   Shade  removes  sunlight  as  a  source  of  heat,  and  since  people  produce  more  metabolic  heat  while   working,  resting  out  of  direct  sunlight  reduces  heat  stress  while  also  reducing  the  heart  rate.   Encouraging  employees  to  take  a  cool-­‐down  rest  in  the  shade  is  of  primary  importance  particularly  for   employees  who  are  paid  on  a  piece-­‐rate  basis,  as  they  would  be  less  inclined  to  use  this  preventive  rest.   Water  should  be  available  in  the  rest  area  so  that  employees  are  encouraged  to  drink  more  water.   The  employee  must  be  monitored  during  the  cool-­‐down  rest  and  asked  if  he  or  she  is  experiencing  any   symptoms  of  heat  illness,  including  simple  fatigue.  If  any  signs  or  symptoms  of  heat  illness  are  observed   or  reported,  the  employer  must  not  order  the  employee  back  to  work  and  must  continuously  observe   the  employee  until  the  signs  or  symptoms  have  abated.  Common  early  signs  and  symptoms  of  heat  

illness  may  include  pale  skin,  heavy  sweating,  headache,  muscle  cramps,  and  fatigue.  If  no  sign  or   symptom  of  heat  illness  is  observed  or  reported,  monitoring  may  be  periodic,  rather  than  continuous.   If  an  employee  exhibits  or  complains  of  any  sign  or  symptom  of  heat  illness,  first-­‐aid  procedures  should   be  initiated  without  delay.  Progression  to  more  serious  illness  can  be  rapid  and  can  include  altered   coordination  and  speech,  mental  confusion,  unusual  behavior,  nausea,  vomiting,  hot  dry  skin,  unusually   profuse  sweating,  loss  of  consciousness,  and  seizures.  The  affected  employee  may  be  unable  to  self-­‐ diagnose  these  problems.   If  heat  illness  is  suspected,  emergency  medical  personnel  should  be  contacted  immediately.  No   employee  with  signs  or  symptoms  of  heat  illness  should  be  left  unattended  or  sent  home  without  being   offered  onsite  first  aid  or  provided  emergency  medical  services,  as  discussed  in  subsection  (f)  of  8  CCR   §3395  (see  Q&A  No.9).   "Preventative  cool-­‐down  rest  periods"  at  agricultural  work  sites  are  discussed  in  subsection  (e)  of  8  CCR   §3395  (see  Q&A  No.8d).   8. What  are  high-­‐heat  procedures  and  what  industries  are  required  to  comply  with  this   subsection?   The  following  industries,  in  addition  to  the  elementary  provisions  of  this  standard,  are  subject  to  the   requirements  for  high-­‐heat  procedures:   •

Agriculture,  



Construction,  



Landscaping  (except  for  employment  by  an  employer  who  operates  a  fixed   establishment  where  the  work  is  to  be  performed  and  where  drinking  water  is   plumbed),  



Oil  and  gas  extraction,  and  



Transportation  (except  for  employment  that  consists  of  operating  an  air-­‐conditioned   vehicle  and  does  not  include  loading  and  unloading).  

When  the  temperature  equals  or  exceeds  95  degree  Fahrenheit,  employers  listed  in  the  industries  noted   above  shall  implement  the  high-­‐heat  preventive  procedures  listed  in  subsection  (e)  of  8  CCR  §3395  and   described  just  below:   e. How  should  employers  monitor  employees  during  high  heat?   During  periods  of  high  heat,  it  is  crucial  that  employees  be  monitored  for  early  signs  and  symptoms  of   heat  illness  to  help  ensure  that  sick  employees  receive  treatment  immediately  and  progression  to   serious  illness  is  arrested.  If  an  employee  suffers  syncope  (fainting),  disorientation,  loss  of  

consciousness,  or  other  symptoms  of  heat  illness  while  working  unobserved,  initial  medical  treatment   may  be  delayed,  serious  or  fatal  injury.   Because  each  work  site  is  unique,  the  new  provisions  give  employers  options  and  flexibility  in  observing   and  monitoring  employees.  When  employees  work  in  small  groups  of  no  more  than  20  workers,  direct   observation  by  a  supervisor  or  designee  may  be  sufficient.  When  there  are  too  many  employees  to  allow   direct  observation,  the  employer  may  use  the  buddy  system  and  pair  up  employees.  With  the  buddy   system,  the  employer  must  train  the  employees  to  stay  in  contact,  observe  each  other  throughout  the   day,  and  immediately  report  any  signs  or  symptoms  of  heat  illness.  For  employees  who  are  required  to   work  alone,  the  employer  may  communicate  with  the  employee  by  radio  or  cell  phone,  provided  there  is   adequate  coverage.  The  employee  must  be  contacted  regularly  and  as  frequently  as  practicable   throughout  the  day,  since  an  employee  in  distress  may  not  be  able  to  summon  help  on  his  or  her  own.   Employers  may  use  different  methods  to  monitor  for  heat  illness.  Whatever  method  is  used,  the   employer  must  be  able  to  ascertain  the  condition  of  employees  at  regular  intervals  and  provide   emergency  services  when  an  employee  reports  symptoms  of  heat  illness  or  is  unable  to  respond.   f.

Who  should  be  authorized  to  call  for  emergency  services?  

All  employees  must  be  trained  to  recognize  the  signs  and  symptoms  of  heat  illness  and  must  be  allowed   to  call  for  emergency  medical  services  when  necessary.  If,  however,  all  employees  in  a  crew  are   designated  to  call  for  emergency  medical  services,  many  will  be  reluctant  to  do  so.  Therefore,  employers   must  specifically  assign  one  or  a  small  number  of  employees  per  crew  to  call  for  emergency  medical   services.  A  designated  employee  may  be  either  supervisory  or  non-­‐supervisory.   g. When  pre-­‐shift  meetings  are  required,  what  should  they  cover?   Pre-­‐shift  meetings  are  meant  to  provide  supervisors  and  employees  with  a  brief  review  of  high-­‐heat   procedures.  The  meetings  are  not  meant  to  review  every  element  previously  covered  in  regular  training   or  in  orientation.  The  employer  may  determine  whether  the  training  is  required  based  on  the  predicted   temperature  in  the  area.   Topics  that  should  be  covered  in  pre-­‐shift  meetings  include  staying  hydrated  and  taking  cool-­‐down  rests,   identifying  the  employees  who  should  call  for  emergency  medical  services  when  needed,  and  how   employees  will  be  observed.  For  employees  working  remotely,  the  employer  may  conduct  pre-­‐shift   meetings  by  cell  phone  or  radio.   h. When  are  preventative  cool-­‐down  rest  periods  required  in  agriculture?   When  the  temperature  equals  or  exceeds  95  degrees,  employers  must  provide  one  ten-­‐minute   "preventative  cool-­‐down  rest  period"  every  2  hours.  During  the  first  8  hours  of  a  shift,  the  cool-­‐down   periods  may  be  provided  at  the  same  time  as  the  rest  periods  already  required  by  Industrial  Welfare   Commission  Order  No.  14  (8  CCR  §11140).  

If  employees  work  longer  than  8  hours,  the  employer  must  provide  an  additional  10-­‐minute  cool-­‐down   rest  period  every  2  hours.  For  example,  if  the  shift  extends  beyond  8  hours,  an  additional  rest  period  is   required  at  the  end  of  the  eighth  hour  of  work.  If  the  shift  extends  beyond  10  hours,  another  is  required   at  the  end  of  the  tenth  hour.   Employers  must  ensure  that  employees  actually  take  the  cool-­‐down  rest  periods  required  under  this   section.  Merely  offering  the  opportunity  for  a  break  is  not  enough.   Employers  are  required  to  provide  additional  breaks  as  soon  as  the  temperature  equals  or  exceeds  95   degrees.  For  example,  even  if  the  temperature  does  not  reach  95  degrees  until  the  last  half  of  an  eight-­‐ hour  shift,  the  employer  must  ensure  that  employees  take  cool-­‐down  rest  periods  starting  at  the  end  of   the  eighth  hour  of  work  if  the  shift  will  last  longer  than  eight  hours.   Cal/OSHA  does  not  require  employers  to  keep  records  of  breaks  issued  under  this  section,  but  doing  so   is  the  best  practice  and  would  benefit  them.   9. What  emergency  response  procedures  must  an  employer  implement?   The  importance  of  rapidly  and  effectively  obtaining  emergency  medical  services  in  the  event  of  a  serious   injury  or  illness  cannot  be  overstated.  Particularly  at  nonfixed  work  sites  or  at  sites  that  are  difficult  to   access,  the  employer,  having  evaluated  whether  the  work  site  is  served  by  the  911  system,  needs  to  be   ready  to  contact  and  communicate  with  emergency  responders.   Emergency  medical  services  must  be  provided  as  quickly  as  possible  if  an  employee  suffers  heat  illness.   The  employer’s  procedures  must  include  contacting  emergency  medical  services  when  necessary,  as   well  as  taking  immediate  steps  to  keep  a  stricken  employee  cool  and  comfortable  once  emergency   service  responders  have  been  called.  The  goal  is  to  stop  the  rapid  progression  to  more  serious  illness,   which  can  include  mental  confusion,  loss  of  consciousness,  and  seizures.   As  a  result,  employers  must  ensure  that  supervisors  and  employees  are  trained  to  recognize  the  signs   and  symptoms  of  heat  illness,  take  steps  immediately  to  prevent  the  progression  of  heat  illness,  provide   basic  first  aid  (such  as  cooling  towels  and  shade),  obtain  emergency  medical  services,  and  not  allow  an   employee  with  signs  or  symptoms  of  heat  illness  to  be  left  alone  or  sent  home  without  being  offered   onsite  first  aid  or  provided  with  emergency  medical  services.  Employers,  however,  are  not  required  to   provide  medical  personnel  on  site,  and  supervisors  and  employees  are  not  expected  to  have  medical   expertise  to  diagnose  heat  illness.   Establishing  emergency  response  procedures  is  particularly  important  at  non-­‐fixed  or  remote  work  sites   or  where  access  is  difficult.  If  employees  cannot  reach  emergency  medical  services  directly  (because  cell   phone  coverage  is  inadequate,  for  example),  the  employer  must  designate  a  person  who  can   immediately  contact  emergency  services  on  behalf  of  the  employees.  The  employees  must  be  able  to   reach  this  person  quickly  (such  as  by  radio)  to  request  that  emergency  medical  services  be  summoned.   If,  however,  employees  are  able  to  contact  emergency  medical  services  directly,  they  must  be  allowed   to  do  so  in  an  emergency  and  must  not  be  required  to  contact  a  supervisor  first.  

Employers  must  be  prepared  to  transport  employees  safely  to  a  place  where  they  can  be  reached  by  an   emergency  medical  provider  where  necessary.  Mobile  crews  must  be  provided  with  a  map  of  their   location  or  detailed,  clear,  and  precise  directions  that  can  be  given  to  emergency  responders.   Employers  should  also  be  aware  that  the  following  title  8  regulations  require  first  aid  and  emergency   responses  in  specific  industries:   •

Construction:  8  CCR  §1512,  



Agriculture:  8  CCR  §3439,  



Logging  and  sawmills:  8  CCR  §6251,  



Petroleum  drilling  and  production:  8  CCR  §6511-­‐6512,  



Petroleum  refining,  transportation  and  handling:  8  CCR  §6767  



Tunneling:  8  CCR  §8420-­‐8421,  



Telecommunications:  8  CCR  §8602(e),  and  



All  other  places  of  employment:  8  CCR  §3400.  

10. What  is  acclimatization,  and  how  should  employers  address  it  under  the  heat-­‐illness   prevention  standard?   Acclimatization  is  a  process  by  which  the  body  adjusts  to  increased  heat  exposure.  The  body  needs  time   to  adapt  when  working  in  hotter  environments.  Employees  are  more  like  to  develop  heat  illness  if  they   are  not  allowed  or  encouraged  to  take  it  easy  when  a  heat  wave  strikes  or  when  starting  a  job  that   newly  exposes  them  to  heat.  Acclimatization  is  fully  achieved  in  most  people  within  4  to  14  days  of   regular  work  involving  at  least  2  hours  per  day  in  the  heat.   During  heat  waves  and  with  new,  unacclimatized  employees,  employers  must  be  especially  vigilant.  A   supervisor  or  designee  must  closely  observe  employees.  Best  practices  include  finding  ways  to  lessen   the  intensity  of  employees'  work  during  a  heat  wave  and  during  two-­‐week  break-­‐in  periods  of  new   employees.   For  purposes  of  this  section,  "heat  wave"  means  any  day  in  which  the  predicted  high  temperature  for   the  day  will  be  at  least  80  degrees  Fahrenheit  and  at  least  ten  degrees  Fahrenheit  higher  than  the   average  high  daily  temperature  for  the  preceding  five  days.   11. How  is  training  evaluated  for  compliance  with  the  standard?   Employers  must  train  all  employees,  both  supervisory  and  nonsupervisory,  on  the  policies  and   procedures  established  to  comply  with  this  regulation.  Training  must  be  provided  before  the  beginning   of  work  involving  a  risk  of  heat  illness.  This  means  that  at  a  minimum  training  should  be  provided  when   an  employee  is  hired,  with  refresher  training  as  needed.  Training  that  is  given  close  in  time  to  the  hot  

season  is  more  effective  than  training  given  during  colder  seasons  without  follow-­‐up  refresher  training.   As  a  best  practice,  some  employers  use  a  daily  "tailgate  meeting"  approach,  starting  out  each  work  day   with  a  brief  safety  reminder  about  issues  considered  particularly  relevant  to  the  work  to  be  performed   that  day.   The  basic  test  of  training  is  its  effectiveness.  Cal/OSHA  evaluates  compliance  by  examining  both  content   and  how  it  is  presented.  To  be  effective,  training  must  be  understood  by  employees  and  given  in  a   language  the  employees  understand.  The  test  of  compliance  is  whether  training  has  occurred,  whether   the  required  content  has  been  provided,  and  whether  the  training  has  been  effective  in  communicating   the  essentials  to  employees.   To  evaluate  compliance,  Cal/OSHA  personnel  ask  supervisory  and  nonsupervisory  employees  about   required  training  elements.  The  questions  are  designed  to  determine  whether  employees  received   training  through  methods  generally  recognized  as  effective  and  whether  they  understood  its  content.   Inspectors  will  not  expect  all  answers  to  be  correct  but  will  look  for  indicators  that  the  employer  has   made  a  good-­‐faith  effort  to  communicate  all  the  essential  information.   Employers  must  ensure  that  their  work  procedures  are  consistent  with  the  information  provided  in  the   training.   Cal/OSHA  requires  employers  to  maintain  records  of  the  training  required  in  this  subsection,  as  specified   in  8  CCR  §3203  (on  Injury  and  Illness  Prevention  Programs).   There  are  additional  topics  that  supervisors  must  be  trained  on,  and  the  importance  of  supervisory   training  cannot  be  overstated.  The  2006  Cal/OSHA  Heat  Illness  Case  Study  showed  that  63%  of  the   supervisors  of  employees  who  died  from  heat  stroke  had  not  been  trained  in  the  prevention  of  heat   illnesses.   In  addition  to  the  elements  required  for  employee  training,  the  supervisor’s  training  must  include:   •

Complete  mastery  of  the  training  content  provided  to  the  employees,  



The  procedures  the  supervisor  must  follow  to  implement  the  company’s  Heat  Illness   Prevention  Plan  (see  Q&A  no.  12),  



The  procedures  to  follow  when  an  employee  exhibits  or  reports  symptoms  consistent   with  possible  heat  illness,  including  which  steps  to  follow  to  provide  first  aid  and   immediate  medical  treatment,  



How  to  monitor  weather  reports  and  how  to  respond  to  hot  weather  advisories.  

All  employees  and  supervisors  must  be  trained  on  every  detail  of  the  employer's  emergency  response   procedures.   12. What  written  procedures  should  an  employer  develop  to  comply  with  the  requirements  of   this  standard?  

The  employer  must  develop,  put  in  writing,  and  implement  effective  procedures  for  complying  with  the   requirements  of  this  standard.  A  compliant  Heat  Illness  Prevention  Plan  (HIPP)  includes  the  following   subsections  of  8  CCR  §3395:   •

Procedures  for  providing  sufficient  water,  as  described  in  subsection  (c),  



Procedures  for  providing  access  to  shade,  as  described  in  subsection  (d),  



High-­‐heat  procedures  in  accordance  with  subsection  (e),  



Emergency  response  procedures,  outlined  in  subsection  (f),  and  



Acclimatization  methods  and  procedures  in  accordance  with  subsection  (g).  

Employees  and  supervisors  must  be  trained  in  these  procedures  so  they  understand  and  can  implement   the  employer's  plan.  The  most  successful  employers  teach  and  make  their  system  work  using  a   teamwork  approach.   The  HIPP  must  be  written  both  in  English  and  in  the  language  understood  by  the  majority  of  employees.   It  must  be  available  to  employees  at  the  work  site,  as  well  as  to  representatives  of  Cal/OSHA  upon   request.  The  plan  will  be  considered  available  at  the  work  site  if,  for  example,  it  can  be  displayed  for   employees  on  a  cell  phone  or  other  electronic  device  upon  request.   The  HIPP  may  be  integrated  into  the  employer’s  Injury  and  Illness  Prevention  Program  required  under  8   CCR  §3203.   13. Where  can  I  get  more  information  on  heat  illness?   Numerous  resources  and  heat  illness  publications  can  be  found  online  at  this  link:   http://www.dir.ca.gov/dosh/HeatIllnessInfo.html  

Walter Newman M.D. The Newman Medical Group Topic: Professionals in Workers’ Compensation Court

Dr. Walter Newman is the principal of The Newman Medical Group, Occupational Health Services . Dr. Newman is a graduate of Stanford University and received his M.D. from UCSF. He did residency training in Family Medicine at the Stanford/San Jose program and completed the Mini-Residency in Occupational Medicine at UCSF. Dr. Newman is currently Associate Clinical Professor of Medicine at Stanford University. His clinical activities have included consulting services and direct patient care to over 100 companies throughout California. Currently, the majority of his clinical focus is Monterey Mushrooms, where he serves as Chief Health Officer for over 3,500 farm workers and their families. Dr Newman is also Medical Director of the Robert F. Kennedy Trust for farm workers. FRESNO

PIWC 2015

phil walker Work Comp. Savings

Topic: Professionals In Workers’ Compenation court Phil Walker is a Professional Speaker, Teacher, and National Trial Counsel for California workers’ compensation and Longshore defense based in San Francisco, California. For 34 years, he has represented California’s largest airlines, shipyards, steel companies, retailers, universities, and insurers in workers’ compensation and Longshore matters. Phil served as House Counsel for US Steel, General Counsel for New York City’s largest residential real estate firm--Insignia Douglas Elliman, and Managing Attorney for Fireman’s Fund Insurance Company. He was a Partner with Laughlin, Falbo, Levy & Moresi. Phil is a member of the Bars of California, New York, and the District of Columbia. He was educated at Vanderbilt University, where he studied creative writing and public speaking, and Washington & Lee Law School. Phil has been a national legal columnist for Genre Magazine and host of his own television show in San Francisco. He appeared as “the Clerk of Court” with Gene Hackman in Class Action. Phil is the author of The AMA Guides Made Simple, Keynote Speaker for the American College of Occupational and Environmental Medicine Annual Meeting, and Featured Speaker at the SEAK National Workers’ Compensation Law Conference.

FRESNO

PIWC 2015

PHIL NEAL WALKER www.philwalker.do [email protected] Cell: 415-816-3527

Biographical Highlights Who's Who (Cambridge) Who's Who Among Executives and Professionals Martindale--Hubbell AV-Rated Attorney (highest rating by fellow attorneys) Principal and Expert: Phil Walker Workers' Compensation Savings Principal, Phil Neal Walker Law Corporation Principal and Instructor, Phil Walker Presents Trial Counsel, California Workers' Compensation (34 yrs. experience) Phil Neal Walker Law Corporation 250 King Street, Suite 414 San Francisco, CA 94107 877-774-5550, 415-295-4447 www.philnealwalkerlaw.com [email protected]

Trial Counsel, US Longshore & Harbor Workers' Compensation Act (34 years experience) Author, The AMA Guides Made Simple! [Fifth Edition] (2008) Expert Witness, The AMA Guides [5th Edition] Nationally-recognized Expert on The AMA Guides to the Evaluation of Permanent Impairment [5th Edition] National Speaker and Instructor "Everything You Need to Know About The AMA Guides" "Winning in California Workers' Compensation" "Secrets of America's Most Successful Companies in Workers' Comp" "The Coming Storm--The End of Pensions, Social Security, Medicare And the Future of Workers' Comp" Featured Speaker and Instructor American College of Occupational and Environmental Medicine (Keynote Speaker--Annual Meeting) California Orthopedic Association California Workers' Compensation Institute (Keynote Speaker) Signal Mutual National Longshore Conference New York University Stern School of Business SEAK Forensic Seminars (General Session Speaker) Forensic Expert Witness Association (Keynote Speaker) (Please see www.askphilwalker.com for additional Speeches) EDUCATION Washington & Lee University Law School, J.D. 1981 Law Review Constitutional Moot Court Team Winner, AmJur Award in Corporate Law Vanderbilt University, BA (English, Creative Writing) 1977 Freshman Class President Founder, The Original Cast Founder, The Wild Bunch EMPLOYMENT General Counsel, Insignia Douglas Elliman (New York) Managing Attorney, Fireman's Fund (San Francisco) Phil Neal Walker Law Corporation 250 King Street, Suite 414 San Francisco, CA 94107 877-774-5550, 415-295-4447 www.philnealwalkerlaw.com [email protected]

Partner, Laughlin, Falbo, Levy & Moresi (San Francisco) House Counsel, USX Corporation (US Steel) (Western US) Law Clerk, US Army Judge Advocate General's Corps (Fort Gordon) FILM, TELEVISION, THEATER, AND PRINT Clerk of Court, Class Action with Gene Hackman (Film) Host and Creator, "Out and Beyond with Phil Walker" (Television) Founder and Director, The Young Turks Acting Troupe (Theater) National Legal Columnist, Genre Magazine (Print) WEBSITES: www.askphilwalker.com (for additional information) www.philnealwalkerlaw.com (for additional information) SUMMARY Phil Walker is a Professional Speaker, Teacher, and National Trial Counsel for California workers’ compensation and Longshore defense based in San Francisco, California. For 34 years, he has represented California’s largest airlines, shipyards, steel companies, retailers, universities, and insurers in workers’ compensation and Longshore matters. Phil served as House Counsel for US Steel, General Counsel for New York City’s largest residential real estate firm--Insignia Douglas Elliman, and Managing Attorney for Fireman’s Fund Insurance Company. He was a Partner with Laughlin, Falbo, Levy & Moresi. Phil is a member of the Bars of California, New York, and the District of Columbia. He was educated at Vanderbilt University, where he studied creative writing and public speaking, and Washington & Lee Law School. Phil has been a national legal columnist for Genre Magazine and host of his own television show in San Francisco. He appeared as “the Clerk of Court” with Gene Hackman in Class Action. Phil is the author of The AMA Guides Made Simple, Keynote Speaker for the American College of Occupational and Environmental Medicine Annual Meeting, and Featured Speaker at the SEAK National Workers' Compensation Law Conference. Phil Neal Walker Law Corporation 250 King Street, Suite 414 San Francisco, CA 94107 877-774-5550, 415-295-4447 www.philnealwalkerlaw.com [email protected]

Welcome to

"Professionals in Worker's Compensation Court"  

Walter Newman, M.D. Court Clerk, Bailiff and Story Teller  

The Honorable Phil Walker, J.D. Presiding Judge

Attorney Representing Plaintiff and Litigants  

Barrister Sebastian Huerta

Attorney Representing Defendants and Employers  

Barrister Tammy Cramer

Court Reporter and Story Teller  

Walt Newman, M.D.  

Adjunct Associate Professor of Medicine, Stanford University

PRESIDING JUDGE FOR  PROFESSIONALS IN WORKERS' COMPENSATION COURT

THE HONORABLE PHIL WALKER, J.D.

None of the participants in this presentation (Mr. Huerta, Ms. Cramer, Dr. Newman or Mr. Walker) have a conflict of interest disclosure concerning this presentation.

Jimenez vs Globe Oil

Juan Jimenez is a 42 year old field contract worker for Globe Oil in its Coalinga Oil Field. He has worked as a contract employee for 3 years without any lost work time or apparent illness.

Mr. Jimenez applies to be a full time benefited employee at Globe Oil.

In the course of the post offer physical examination, Mr. Jimenez reveals to the company physician that he has Chronic Hepatitis C.

The examining physician reviews the essential job functions of "Oil Field Worker" and determines that the fumes from the Coalinga field could cause a worsening or exacerbation of the Hepatitis C.

The physician in his postoffer report  states: "Avoid exposure to hydrocarbon fumes at work" Globe Oil determines it cannot reasonably accommodate the restrictions and the offer of employment is rescinded.

Mr. Jimenez consults a labor attorney who refers him to several medical experts on liver disease and toxicology.  

All experts agree there is no chance of worsening of the Hepatitis C from an occupational or environmental work exposure.

Mr. Jimenez sues Globe Oil in PIWC Court under the Americans with Disabilities Act for wrongful failure to hire.

Attorney Huerta representing Jimenez & Attorney Cramer representing Globe Oil

In the Case of Jimenez vs Globe Oil  

We now poll you, the jury

Sullivan vs Dr. Kravitz

Mr. Steve Sullivan is a 34 year old office worker who sustained an uncomplicated lifting injury at work. No prior history of back injuries.

The employee was initially treated at an urgent care center with physical therapy and ibuprofen.  

Modified duty was recommended but the employer could not accommodate this, so he was placed on total temporary disability.

Mr. Sullivan's symptoms persisted so he went to a chiropractor for 15 visits.  

Again, no improvement.  

His TPA referred him to Dr. Kravitz for a one time Independent Medical Exam (IME).

Dr. Kravitz reviewed all of Mr. Sullivan's records, MRI's and X-rays, took a thorough medical history and did a thorough exam.  

Dr. Kravitz opined no further chiropractic care was indicated and that Mr. Sullivan was fit for duty as an office worker.  

Diagnosis: Degenerative Disc Disease, moderate, multi level

Mr. Sullivan returned to his office work, which required occasional lifting up to 20 pounds.  

Symptoms persisted for 8 months after Dr. Kravitz' IME.

After 8 months of back pain, Sullivan consulted a neurosurgeon who recommended immediate and urgent multiple level fusion.

The multi-level back fusion failed and Sullivan became addicted to Oxycontin.  

After several months of Oxycontin use, Sullivan died of Oxycodone overdose (Coroner's report).

In PIWC Court, the widow and child sued Dr. Kravitz (IME) and his wife for $1.25 million dollars for wrongful death.  

(Other treating  physicians and chiropractors were also sued)

Attorney Huerta representing Sullivan Widow and Child & Attorney Cramer representing Dr. and Mrs. Kravitz

In the Case of Sullivan family vs Dr. and Mrs. Kravitz We now poll you, the jury

Bettencourt vs Central Coast Clinic

Joe Bettencourt is a 55 year old construction worker for ABC Construction Pismo Beach Area.

Mr. Bettencourt developed acute low back pain after prolonged use of a jack hammer.

He was interviewed and examined at The Central Coast Industrial Clinic.  

He was found to be in moderate distress. Patient had difficulty getting on an off exam table. No red flags. No radicular symptoms.

The diagnosis was "moderately severe low back strain" and treatment was:  

a)  Physical therapy b) Modified Duty c) Ibuprofen  

The clinic doctor explained that x-rays and MRI were not indicated and were not considered "best practice" per the ACOEM Guidelines.

Patient Bettencourt seemed perturbed. At his initial evaluation, 48 hours  post injury, he stated:  

"I want an MRI to be sure there's nothing wrong."

Patient was treated with therapy for about 8 weeks. His symptoms began to worsen. He developed shooting pain into his right leg, weakness and objective reflex weakness on the right.  

8 weeks post injury, Central Coast Clinic doctor requested MRI, on a routine bases.

One month after the clinic's imaging request, the MRI was approved and was scheduled (3 months after initial injury).  

The MRI revealed a large L5-S1 right disc herniation.

The clinic doctor requested referral to spine neurosurgeon Dr. Graves…  

....and 4 months post injury the referral was authorized and examination scheduled.

The exam by Dr. Graves  revealed an antalgic gait, weakness in the right leg, absent knee and ankle jerk reflexes and numbness.

Spine Surgeon Graves was quite perturbed and told Bettencourt: “You waited too long to see me. Your surgical outcome is not going to be good.”  

“With these findings, an MRI should have been done right away and prompt surgical referral made.”  

“Those clinic GP's just don't know how to treat spine injures, do they!”

Bettencourt underwent a multilevel cage fusion procedure, requiring extensive hospitalization, rehabilitation, pain management and morphine pump placement.

Mr. Bettencourt sued The Physicians of Central Coast Clinic for medical malpractice in PIWC Court for delay in diagnosis and treatment, and pain and suffering. 

He appeared in court, in his wheelchair, accompanied by his care giver.   Morphine pump was delivering medication.

Damages sought: $ 3 million

Attorney Huerta representing Bettencourt & Attorney Cramer representing Central Coast Clinic

In the Case of Bettencourt vs Central Coast Clinic We now poll you, the jury

Special thanks to  

Sebastian Huerta, Tammy Cramer and "Judge" Phil Walker, J.D.   Slides formatted by Amanda Dao, (Undergraduate, U.C. Davis)  

 

"Professionals in Worker's Compensation Court" was conceived and produced by  

Walt Newman, M.D.

Past-President, & Board Chair, Western Occupational and Environmental Medical Association (WOEMA) [email protected]

408-226-5400

RECIPES FOR RATINGS

1.

2.

THE "0% WPI" RATINGS A.

FIBROMYALGIA:

0% WPI

P. 569

B.

THORACIC OUTLET SYNDROME

0% WPI

P. 569

C.

MYOFASCIAL PAIN SYNDROME

0% WPI

P. 569

D.

TENDINITIS OF UPPER EXTREMITY

0% WPI

P. 507

E.

EPICONDYLITIS (MEDIAL OR LATERAL WITHOUT SURGERY) 0% WPI

P. 507

ADD-ON FOR PAIN: A.

3.

 

UP TO 3% WPI

0 - 3% WPI

P. 584, 5b

READ IT OFF A CHART A.

HEARING LOSS

P. 250

B.

LOWER EXTREMITY (DIAGNOSIS BASED ESTIMATES)

P. 546-7

1.

P. 546

Meniscectomy

1  

4.

Ligaments

P. 546

3.

Hip replacement

P. 546

4.

Knee replacement

P. 546

5.

Pelvic Fracture

P. 546

RANGE OF MOTION (ARM/LEG) A.

 

2.

SHOULDER 1.

Use a goniometer

P. 475,476, 478

2.

Measure the patient's following 6 motions in both right and left shoulders. Take at least 2 measurements. Write all measurements down. a.

Flexion

P. 475

b.

Extension

P. 475

c.

Abduction

P. 476

d.

Adduction

P. 476

e.

Internal Rot

P. 478

f.

External Rot

P. 478

g.

2 measurements at a 2  

h.

3.

minimum

P. 20

Ensure the 2 measurements fall within 10% of each other

P. 20

i.

Use the highest ("maximum") of the measurements

j.

Write all measurements down

Take the maximum measurement in each of the 6 motions above and calculate the UE impairment % per the charts at pp. 476, 477, 479.

p. 474

P. 476, 477, 479

4.

Add up the UE% impairment values for the 6 measurements.

P. 479, 2

5.

Convert the total UE to WPI by using conversion chart at p. 439

P. 439

Calculate the impairment, if any, in the uninjured shoulder, using the same method shown above.

P. 453

6.

a.

Subtract impairment found in uninjured shoulder from impairment found in injured shoulder

P. 453: "If a contralateral 'normal' joint has a less than average mobility, the impairment value(s) corresponding to the uninvolved joint can serve as a baseline and are subtracted from the  

P. 475, 476, 478

3  

P. 453

calculated impairment for the involved joint." B.

ELBOW (SAME PROCEDURE AS ABOVE)

C.

WRIST (SAME PROCEDURE AS ABOVE)

D.

KNEE 1.

Turn to p. 537 of AMA Guides, Table 17-10 "Knee Impairment"

2.

Measure:

P. 470 474 P. 466 470

Flexion

P. 537

Flexion Contracture

P. 537

Varus

P. 537

Valgus

P. 537

3.

Take 3 measurements at a minimum. Use the maximum.

P. 533

4.

Apply the measurements to p. 537, Table 17-10 to get WPI% or (LE%). a.

5.

 

P. 453

If you get LE%, go to page 527, Table 17-3, to convert to WPI.

The Lower Extremity chapter does not have a provision indicating that the uninjured knee should be measured as well as the injured 4  

P. 527

and that any impairment in the uninjured knee should be subtracted out (like the Upper Extremity chapter has at p. 453). However, you could argue, by analogy, that the same should apply to the lower extremity. You would argue application of p. 453 "by analogy."

5.

E.

ANKLE (FOLLOW SAME PROCEDURE NOTED FOR ABOVE)

P. 537

F.

HIP (FOLLOW SAME PROCEDURE NOTED FOR ABOVE)

P. 537

DRE (DIAGNOSTIC RELATED ESTIMATES) RATINGS (70% OF AMA GUIDES) A.

 

P. 453

LUMBAR SPINE 1.

Turn to p. 384, Table 15-3.

2.

Check to see which of the following you have (you will find this info in the Physical Exam section of the medical report) a.

Muscle Spasm

b.

Muscle Guarding

c.

Asymmetric Loss of Motion

d.

Non-verifiable radicular root pain 5  

P. 384

e.

3.

Radiculopathy (this means pain, numbness, or tingling in one of the nerve pathways shown on p. 377) 1)

Sensory loss

2)

Loss of reflexes

3)

Loss of strength

4)

Atrophy in one leg

f.

Loss of motion segment integrity

g.

Imaging study showing herniated disc (any torn or ruptured disc; any bulging disc 4 mm or greater)

h.

Electrodiagnostic study

i.

X-ray showing loss of motion segment integrity

j.

Compression fracture

Then, turn to p. 384, Table 15-3, and place Applicant in one of the 5 DRE classes based on the findings: a.

b.

Class I:

0% WPI

None of the findings under paragraph 2 above

P. 384

Class II:

P. 384

5 - 8% WPI

ANY OR ALL OF THE  

P. 384

6  

FOLLOWING: 1)

Muscle spasm

2)

Muscle Guarding

3)

Asymmetric loss of motion

4)

Nonverifiable radicular root pain

OR 5)

Imaging study showing herniated disc with complaints of radiculopathy at side and level that would be expected; radiculopathy has now gone away

OR 6) c.

Class III: 1)

 

1 - 24% Compression Fracture 10 - 13% WPI

Radiculopathy verified by any of the following: a)

Electrodiagnostic testing

b)

Sensory loss

c)

Loss of reflexes

d)

Loss of strength

e)

Atrophy in one leg

7  

P. 384

OR 2)

Herniated disc (i.e. disc which is torn, ruptured, or bulging 4 mm or greater) with radiculopathy (i.e. pain, numbness, or tingling in a known nerve pathway per p. 377)

OR 3)

Patient had surgery for radiculopathy and now has no symptoms of radiculopathy

OR 4) d.

25 - 50% compression fracture

CLASS IV:

20 - 23% WPI

1)

One-level fusion

2)

Loss of motion segment integrity by x-ray as defined on p. 384, Table 15-3

P. 384

OR 3) e.

51 - 100% Compression Fracture with no neurological compromise

CLASS V:

25 - 28% WPI

1)

One-level fusion + radiculopathy

2)

Loss of motion segment integrity by x-ray as defined on p. 384, Table 15-3 + radiculopathy

OR  

8  

P. 384

2) 4.

B.

 

51 - 100% Compression Fracture with one-sided neurological compromise

Then, turn to p. 4, Table 1-2, List of ADL's. a.

Identify which, if any, of the 8 ADL's are impacted by the lumbar spine problems.

b.

Each DRE Class has a range, for example, DRE II is 5 - 8% WPI. 1)

If Lumbar spine problems cause minimal or no impact on ADL's, give Applicant lowest number in the range, per p. 5 of AMA Guides P. 4, 5

2)

If Lumbar spine problems cause moderate impact on ADL's, give Applicant medium number in the range, per p. 5 of AMA Guides P. 4, 5

3)

If Lumbar spine problems cause maximum or high impact on ADL's, give Applicant highest number in the range, per p. 5 of AMA Guides P. 4, 5

CERVICAL SPINE 1.

Turn to p. 392.

P. 392

2.

Read the Classes for DRE rating. [ Note: Classes are different for cervical versus lumbar spine)

3.

Place Applicant in a class using same procedure as outlined above.

4.

Use ADL's to determine where to 9  

place patient in the range. C.

THORACIC SPINE 1.

6.

Use same procedure as Cervical Spine.

P. 386 P. 4,5

D.

HIGH BLOOD PRESSURE/HYPERTENSION

P. 66

E.

CORONARY HEART DISEASE

P. 36

F.

CARDIOMYOPATHY

P. 47

G.

ARRHYTHMIAS

P. 56

H.

GASTROESOPHAGEAL REFLUX DISEASE (GERD)

P. 121

I.

CONSTIPATION, IRRITABLE BOWEL SYNDROME

P. 128

NERVE RATINGS 1.

Find the nerve you are dealing with for upper extremity (p. 486-490) or lower extremity (p. 551)

2.

Upper extremity, turn to p. 492. Lower extremity, turn to p. 552, Table 17-37

3.

On the chart at p. 492 (upper extremity) or p. 552 (lower extremity), find column for: a.

 

P. 4,5

Sensory Deficit or pain 10  

b. 4.

Motor Deficit

Find the nerve you are dealing with [for example: in carpal tunnel, we deal with median nerve below mid-forearm], find the UE% for sensory deficit and the UE% for motor deficit. [Example: Median nerve below midforearm: Sensory deficit: 39% UE Motor deficit: 10% UE.

5.

Turn to p. 482. Perform the following tests: (you can find this in Physical Exam section of medical report) a.

Monofilament testing or light touch testing

AND b. 6.

Two-point discrimination.

Then, place in one of the following grades based on results of testing in paragraph 5: Grade 5:

0% sensory deficit

Normal monofil/light touch Normal two-point discrim Grade 4:

1 - 25% Sens deficit

Abnormal monofil/light touch Normal two-point discrimination  

11  

Grade 3:

26 - 60% sens deficit

Abnormal monofil/light touch Abnormal two-point discrimination 7.

Once you have the grade, select a % of sensory deficit within the range (NOTE: Doctor can select any percentage he wants within the range.] a.

8.

That will be your % of sens. deficit.

Multiply the % of sens deficit x the value you got for sensory deficit for the nerve per p. 492. [Example: median nerve below mid-forearm per p. 492 = 39% UE for sensory deficit.] [Example: If doctor finds 25% sens deficit for median nerve below mid-forearm, formula becomes: 25% sens deficit x 39% UE (per p. 492) = 9.75% UE rounds up to 10.0% UE

9.

Then, turn to p. 484, to grade motor deficit [Note: "motor deficit" means "loss of strength." a.

Doctor grades strength in fingers which have the median nerve below mid-forearm going into them."

b.

Per p. 484, Grades are: Grade 5:

0% motor deficit

Full strength Grade 4:

1 - 25% motor deficit

Some strength

 

12  

Grade 3:

26 - 50% motor deficit

No strength c.

Place the patient in a grade based on the strength.

d.

Then, once placed in grade, select a motor deficit % within the range.

e.

Multiply the motor deficit % x the value for motor deficit for the nerve per p. 492. [Example: If doctor found "some strength" in muscles ennervated by median nerve, he would place in Grade 4, 1 - 25% motor deficit. Doctor then selects a percentage in this range. If Dr. selected 25%, the equation becomes: 25% motor def x 10% UE (per p. 492 for motor deficit) = 2.5% UE rounds up to 3.0% UE

10.

Then, combine the UE% for sensory and motor: Sensory: 25% sens def x 39% UE = 10% UE Motor: 25% mot def x 10% UE = 3% UE COMBINE: 10 C 3 = 13% UE.

14.

Convert UE% to WPI per p. 439 for upper extremity and per p. 527 for Lower Extremity. [Example: 13% UE = 8% WPI per p. 439]

15.

CARPAL TUNNEL SPECIAL NOTE: A.

 

YOU MUST HAVE A POSITIVE ELECTRODIAGNOSTIC TEST (EMG AND/OR NERVE 13  

CONDUCTION STUDY) TO DIAGNOSE AND RATE CARPAL TUNNEL SYNDROME (P. 492 AND 493)

7.

CRPS (Complex Regional Pain Syndrome) A.

P. 492, 493

P. 496

UPPER EXTREMITY 1.

Turn to p. 496, Table 16-16.

2.

Patient must have at least 8 of the findings observed by the physician at the same time to get the diagnosis of CRPS.

3.

P. 496

Then, rate in one of 2 ways: a.

Upper Extremity Chapter 1)

Rate range of motion

COMBINE WITH

b. B.  

2)

Rate sensory and motor deficits under nerve rating

3)

Convert result to WPI per p. 439

Neurology chapter, p. 343, Table 13-22

LOWER EXTREMITY 14  

P. 343

1.

Turn to p. 553.

P. 553

2.

NOTE: Lower extremity does not require the patient to have the 8 findings present at the same time as the upper extremity chapter does at p. 496. You can argue this by analogy: ANALOGY: Patient must have at least 8 of the findings observed by the physician at the same time to get the diagnosis of CRPS, by analogy to Upper Extremity Chapter.

3.

Then, rate in one way: a.

8.

P. 496

Neurology chapter, p. 336, Station and Gait Disorders

P. 336

SLEEP DISORDER 1.

Turn to p. 317, Table 13-4.

2.

To be rated using this chart, the patient MUST have the following: a.

A formal sleep study which diagnoses excessive daytime sleepiness

P. 317

One of the neurological conditions listed on p. 317

P. 317

AND b. AND c.  

The Neurological Disorder must 15  

be proven by tests.

9.

SEXUAL DYSFUNCTION A.

MALE 1.

TURN TO P. 156, TABLE 7-5

2.

Determine which of these the patient has:

3.

a.

Erection

b.

Ejaculation

c.

Sensation

d.

No sexual function possible

4.

5.

P. 156

Turn to Table 7-5: Place in a class like any DRE Rating. a.

 

P. 305

Use ADL's to determine where in the range the patient falls.

SPECIAL NOTE 1: ADJUST FOR AGE A.

ONCE YOU HAVE THE WPI%, INCREASE BY 50% FOR MEN UNDER 40

B.

ONCE YOU HAVE THE WPI%, DECREASE BY 50% FOR MEN OVER 65.

SPECIAL NOTE 2: MAKE SURE TESTS 16  

P. 4,5 P. 157

DONE

P. 157

A.

Penile Tumescence study

B.

Doppler ultrasound penile blood flow eval

C.

Dynamic Cavernosometry and cavernosography

D.

Angiography

10. SPINE RANGE OF MOTION 1.

Use this method when you have any of the following (p. 380, lower right paragraph 4): A.

Fusion at 2 or more levels in the same spinal region

B.

Fractures at 2 or more levels in the same spinal region

C.

Radiculopathy in the same spinal region which is: 1.

Bilateral (i.e., on both sides)

OR 2. D.

At 2 or more levels on the same side

Radiculopathy which is caused by: 1.

Stenosis

OR  

17  

P. 380

2. 2.

Recurrent disc herniation.

Then, a Spinal ROM rating has 3 parts: Disorder, Motions, and Nerve a.

Disorder: Turn to p. 404 1)

b.

Find the disorder you have

Motion: Turn to pp. 405-417, find the Motion charts for Lumbar, Thoracic, or Cervical 1)

Use an inclinometer

2)

Measure the following motions [EXAMPLE: LUMBAR SPINE: Sacral Flexion True Lumbar Flexion True Lumbar Extension Right lateral bending Left Lateral Bending.

3)

Turn to the charts at p. 407 and 409. Calculate the impairment using the motions you have. a)

c.

 

Add these impairments together to get a total WPI for "Motion."

Nerve: Turn to p. 424, find the nerve you are dealing with 18  

d.

1)

Grade the sensory deficit per p. 482

2)

Grade the motor deficit per p. 484

3)

COMBINE those impairment numbers. [NOTE: THE IMPAIRMENT % ON P. 424 ARE LE% AND UE%. CONVERT TO WPI PER P. 439 FOR UE OR P. 527 FOR LE.

Then, COMBINE TO GET TOTAL: 1)

DISORDER WPI%

2)

MOTION WPI%

3)

NERVE WPI% COMBINE FOR TOTAL:

________WPI%

11. GRIP STRENGTH Grip strength is only used to rate 2 conditions under the AMA Guides. A.

MUSCLE RUPTURE IN ARM LEAVING PALPABLE DEFECT (EXAMPLE: BICEPS TENDON RUPTURE)

P. 508

B.

EPICONDYLITIS WITH SURGERY (MEDIAL OR LATERAL)

P. 507

C.

NOTE: GRIP STRENGTH IS NEVER USED WITH CARPAL TUNNEL

P. 494

P. 494: "In compression neuropathies, additional impairment values are not given for decreased grip strength."

 

19  

Carpal tunnel syndrome is a "compression Neuropathy."

12. PSYCH

 

A.

AMA GUIDES not used to rate Psych

B.

Use the "GAF Score." 1.

Find GAF Score.

2.

Go to workcompcentral.com. a.

Select Rating Calculator

b.

Select Psych injury. 1)

Input GAF score

2)

Calculator will convert to WPI.

20  

NAME: ______________________________ TOTAL CORRECT:

____________

TOTAL ANSWERED:

____________

PERCENT CORRECT:

____________

AMA GUIDES ASSESSMENT WHERE ARE YOU NOW? 1.

What is the maximum WPI% permitted as an add-on for pain?

_________

2.

On what page in the AMA Guides does this info appear?

_________

3

4.

If the underlying WPI% is 0% WPI, what is the maximum add-on for pain permitted by DEU? What is the WPI % for the following: Fibromyalgia

5.

 

_________

_________

On what page in the AMA Guides does this appear?

1  

_________

NAME: ______________________________ TOTAL CORRECT:

____________

TOTAL ANSWERED:

____________

PERCENT CORRECT:

____________

AMA GUIDES ASSESSMENT WHERE ARE YOU NOW? 1.

What is the maximum WPI% permitted as an add-on for pain?

_________

2.

On what page in the AMA Guides does this info appear?

_________

3

4.

If the underlying WPI% is 0% WPI, what is the maximum add-on for pain permitted by DEU? What is the WPI % for the following: Fibromyalgia

5.

 

_________

_________

On what page in the AMA Guides does this appear?

1  

_________

6.

Thoracic Outlet Syndrome On what page in the AMA Guides does this appear?

7. 8.

On what page in the AMA Guides does this appear?

10.

On what page in the AMA Guides does this appear?

12.

On what page in the AMA Guides does this appear?

 

_________________________ On what page in the AMA Guides does this appear?

15.

19.

_________

What are the two situations under the AMA Guides where grip strength is used for rating. a.

18.

_________

Myofascial pain syndrome

13.

17.

_________

Epicondylitis (medial or lateral)

11.

16.

_________

Tendinitis of Upper Extremity

9.

14.

_________

b.

_________

_________________________ On what page in the AMA Guides does this appear?

Applicant has undergone a partial medial meniscectomy. What is the WPI%? On what page in the AMA Guides does this appear? 2  

_________ _________ _________

20.

Applicant has 30% binaural hearing loss. What is the WPI%? On what page in the AMA Guides does this appear?

21. 22.

23.

Applicant has suffered injury to the right shoulder and has the following motion measurements. What is his WPI%? Motion

Right

Left

Flex

140/138/136

180/180/180

Ext

30/28/29

50/50/50

Abd

180/180/180

180/180/180

Add

20/22/20

40/40/40

Int. Rot.

63/60/59

90/90/90

Ext. Rot.

20/70/45

90/90/90

Applicant has suffered injury to the right knee. He has the following measurements. What is his range of motion? Motion

Right

Left

Flexion

100/98/100

120/120/120

Flex. Contracture 0/0/0 24. 25.  

__________ __________

__________

__________

0/0/0

On what page in the AMA Guides does this appear? Applicant has a herniated disc at L4-5 of 6 mm 3  

__________

per mri with radiating pain in the L5 distribution of right leg. He undergoes a laminectomy at L4-5. After surgery, all symptoms and pain go away. After surgery, the lumbar spine problems create no impact on any activities of daily living. What is his WPI%?

__________

On what page in the AMA Guides does this appear?

__________

26. 27.

Applicant has a 40% compression fracture at L1-2. The compression fracture produces maximum impact on his ADL's and limits him to the maximum degree in all ADL's.

28.

What is his WPI%?

__________

29.

Where does the info on how impact on ADL's affects the rating appear in the AMA Guides?

__________

30.

Applicant has a right carpal tunnel syndrome which is confirmed by EMG. Applicant has the following findings: a.

Abnormal monofilaments (maximum)

b.

Normal two-point discrimination

c.

No impairment in strength in muscles ennervated by median nerve.

What is his WPI?

__________

31.

On what page in the AMA Guides do you find the value for the median nerve below mid-forearm?

32.

On what page in the AMA Guides do you find the grading for sensory

 

4  

deficit? 33.

34.

__________

On what page in the AMA Guides do you find the grading for motor deficit?

__________

The patient is diagnosed with CRPS in the right arm. He has the following findings: CRPS right arm is swollen and warmer than left arm. No other symptoms.

35.

What is his WPI?

__________

36.

On what page in the AMA Guides does that information appear?

__________

37.

Applicant is diagnosed with sleep apnea. No formal sleep study is done. What is his WPI?

38. 39.

__________

On what page in the AMA Guides does that information appear?

__________

Applicant is a male. He is diagnosed with impotence as a result of work injury. He is 20 years old. No testing is done. What is his WPI?

__________

40.

On what page in the AMA Guides does that information appear?

__________

41.

Applicant takes non-steroidal antiinflammatories for his industrial low back injury. He is diagnosed with gastroesophageal reflux disease from the NSAIDS. His weight has remained the same from before the injury to the date of diagnosis.

 

5  

What is his WPI?

__________

42.

On what page in the AMA Guides does that information appear? (2 possible answers)

__________

43.

Applicant has a fusion of the lumbar spine at L3-4 and L4-5. After the fusion, he has no radiculopathy. His measurements are: Motion Sacral Flexion

50/49/48

True Lumbar Flexion

30/31/29

Extension

20/21/20

Right lateral

25/25/25

Left lateral

25/25/25 What is his WPI%?

__________

44.

On what page in the AMA Guides do you find the WPI for his fusions?

__________

45.

On what pages in the AMA Guides do you find the WPI for his motions?

__________

46.

On what pages in the AMA Guides do you find the WPI for his nerve?

__________

 

6  

John Paul Beaudoin Phd Sierra Valley Medico

Topic: Psychoneuroimmunology Managing Stress; Psychological and Mental Health I specialized as Clinical and Qualified Medical Examiner (Forensics) Psychologist. What is a Psychologist? Psychologists are professionals who focus on patients’ mental and emotional health. Unlike psychiatrists, psychologists are not typically physicians, but they usually hold a Ph.D. or other advanced academic degree. Patients may see a psychologist for a variety of issues, such as eating disorders, anxiety, depression or poor impulse control. Treatment options can include counseling or psychotherapy, although psychologists cannot prescribe medication. There are two branches of psychology: applied psychology, which refers to clinical practitioners who deal with patients; and research psychology, which involves the scholarly study and/or teaching about the human mind (such as cognition and behavior). My main office is in Pacific Grove, Ca., with 10 satellite office in Ca., 3 of which are with Sierra Valley Medico, Inc.

FRESNO

PIWC 2015

JOHN-PAUL BEAUDOIN, PhD Licensed Clinical Psychologist State Appointed Qualified Medical Examiner EDUCATION

1970–1974

BA Theology, University of Portland, Portland, OR

1974–1978

Yale University, New Haven, CT, M Div. Psychology and Religion

1978–1984

Clinical Psychology, The Wright Institute, Berkeley, CA

LICENSURE

California PSY #13842 California QME #93452

PRACTICE

QME, AME, IME, CONSULT, SECOND OPINION

EXPERIENCE

2008-Present 1994-Present 2001-2003 2000-Present 2000-Present 2000-2003 2000-2003 1997-2003 1996-1998 1995-1998 1989-1994 1984-1988 1983

PUBLICATIONS AND PAPERS

“Projected Phantasies of the Deaf: A Psychoanalytic and Cross-Culture Perspective” Dissertation Abstracts, Copyright 1984, Ann Arbor, MI

Sierra Valley Medico, Inc. Private Practice, Clinical Psychologist Central Coast Pain Management, Monterey, CA Monterey Pines Skilled Nursing Facility, Monterey, CA Monterey Convalescent, Monterey, CA Katherine Health Center, Salinas, CA Sunbridge Care Center, Watsonville, CA Sunbridge Care Center, Monterey, CA Canterbury Woods, Pacific Grove, CA Pacific Grove Convalescent, Pacific Grove, CA Private Practice with Stephen R. Berlin, Ph.D., Pacific Grove, CA Community Hospital of the Monterey Peninsula, Monterey, CA Langley-Porter Psychiatric Institute, Center of Deafness, San Francisco, CA

“Stress Management: New Findings in Psychoneuroimmunology” Intellectual Property Law Association annual meeting October 1995, Anaheim, CA Revised Psychoneuroimmunology paper San Francisco Intellectual Property Law Association annual seminar and annual meeting, April 1996, San Jose, CA LOCATIONS

FRESNO 7033 N Fresno Street, Suite 201, Fresno, CA 93720

(559) 435-5581

MERCED 3351 ‘M’ Street, Suite 230, Merced, CA 95348

(209) 383-4485

SAN LUIS OBISPO 620 California Boulevard, Suite Q, San Luis Obispo, CA 93401

(805) 543-5581

Sierra Valley Medico, Inc. • 7033 N Fresno Street, Suite 201, Fresno, CA 93720 • 559 435-5581 • 559 435-5583 fax • www.sierravalleymedico.com

                                                                                                                                                                                                                                                                                                                                                                                                   Updated 03/16/10  

 

Michael gaston Michael Sullivan & Assoc.

Topic: Medical Legal Report: Writing and Analyzing Facts from Fiction Mr. Gaston, Managing Partner of the Orange and Fresno offices, represents insurance carriers, self-insured employers and public entities in all aspects of workers’ compensation defense. Previously, as an Associate Attorney for the firm, he led and coordinated the closure of 40% of the workers’ comp cases for K-Mart/Sears that had been unresolved for as long as 15 years.

He began his legal career as a Paralegal in the Los Angeles office, responsible for conducting research and witness investigations, reviewing medical records, preparing petitions and facilitating the completion of discovery.

Before joining Michael Sullivan & Associates, Mr. Gaston was a Middle School Instructor, teaching algebra, history, language arts, religious studies and physical education for the Diocese of Orange. As a Nuclear Machinist’s Mate for the U.S. Navy, he was responsible for the operation, maintenance and repair of steam plants on nuclear-powered submarines, served as an instructor for officers and enlisted men and supervised 25 sailors. Mr. Gaston received his Juris Doctor degree from Southwestern Law School in Los Angeles in the two-year accelerated SCALE program. He received his undergraduate degree from California State University, Fullerton.

FRESNO

PIWC 2015

pilar mitchell Michael Sullivan & Assoc.

Topic: Medical Legal Report: Writing and Analyzing Facts from Fiction

Ms. Mitchell, Supervising Attorney in the Fresno office, manages the staff and cultivates client relations while overseeing all aspects of the firm’s workers’ compensation defense cases for the Central Valley WCAB. Previously, Ms. Mitchell was Associate Attorney in the firm’s Westlake Village office, representing insurance carriers, self-insured employers and public entities in all aspects of workers’ compensation. Before joining Michael Sullivan & Associates, Ms. Mitchell was an Associate Attorney with Newhouse and Creager in Calabasas, working on workers’ compensation defense and appearing before WCABs throughout Southern California, and an Associate Attorney with Shatford Law in Pasadena, representing workers’ compensation plaintiffs. As an Intern with Shatford, she worked in business and family law, civil litigation, real estate and personal injury. As a Document Reviewer with Munger Tolles, & Olson in Los Angeles, Ms. Mitchell assisted in complex litigation for a major investment company. She was a Law Clerk/ Paralegal with the Law Office of Bruce T. McIntosh in Pasadena, drafting documents and attending court hearings and negotiations, and an Intern with Shegerian & Associates in Santa Monica, working in employment law. Ms. Mitchell worked as a Summer Clerk in the Office of the San Bernardino County District Attorney, researching complex cases and drafting documents. As a Student Intern at the Legal Aid Foundation of Los Angeles, she assisted low-income clients and translated for Spanish speakers. Ms. Mitchell received her Juris Doctor degree from the University of Kansas School of Law, and her undergraduate degree from Pepperdine University in Malibu. Ms. Mitchell speaks fluent Spanish.

FRESNO

PIWC 2015

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The firm provides high-quality litigation in defense of workers’ compensation claims, employment issues and insurance litigation. Offices in Los Angeles, Orange, San Diego, Westlake Village, Inland Empire, Bay Area, and Central Valley. Author of Sullivan on Comp, which covers the complete body of California workers' compensation law.

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Michael Gaston ¢  Orange & Fresno Offices ¢  714-202-3440 ' ¢  [email protected] * ¢ 

Pilar Mitchell ¢  Fresno Office ¢  559-785-6001 ' ¢  [email protected] * ¢ 

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Discuss the basic elements of a sound medical report. Discuss what constitutes substantial medical evidence, and what you can do to make sure your reports are considered substantial. Go over some common scenarios that you will deal with in your P&S reports. Questions are encouraged.

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The primary treating physician (PTP) is the physician primarily responsible for managing the care of an employee. The primary treating physician must render opinions on all medical issues necessary to determine eligibility for compensation. The PTP is responsible for, among others, the following: ¢ 

Creating a treatment plan and requesting authorization for treatment.

¢ 

Referring the employee to other specialist, if necessary.

¢ 

Reporting an employee’s eligibility for temporary disability.

¢ 

Reporting whether an employee may return to modified duty.

¢ 

Reporting when an applicant is P&S and then reporting permanent impairment. 5

¢ 

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¢ 

¢ 

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Unless there is an objection by either party, a PTP’s opinion will be controlling if it is considered substantial medical evidence. If there is a dispute over an request for treatment, it will generally be resolved by the UR/IMR processes. If there is a dispute over other issues (e.g., disability status, work restrictions, compensable consequence injury, or permanent disability), then the dispute will be resolved by an AME/QME. A claims adjuster must make decisions on all aspects of a claim based on the PTP’s reporting. Following receipt of a P&S report, the parties must make decisions on returning the applicant to work and possibly settling the claim. Therefore, it is very important for PTP’s to produce reports which will be considered substantial evidence. 6

CCR 10606 provides that medical reports should include: ¢ 

The date of the examination

¢ 

The history of the injury

¢ 

The patient’s complaints

¢ 

A list of all information receive or relied on for the formulation of the opinion

¢ 

Findings on examination

¢ 

A diagnosis

¢ 

An opinion on the nature, extent, and duration of disability and work limitations, if any 7

¢ 

The cause of disability

¢ 

Treatment indicated, including past, continuing and future care

¢ 

An opinion on whether or not PD has resulted from the injury, and whether or not it is stationary, and if stationary, a description of the disability with a complete evaluation

¢ 

Apportionment of disability, if any

¢ 

The reasons for the opinion

¢ 

A signature

Failure to include all of these requirements will not render a report inadmissible but will be considered in weighing the value of the report.

8

In order to be considered substantial evidence, a report: ¢ 

Must be based on reasonable medical probability

¢ 

Must not be speculative

¢ 

Must not be erroneous

¢ 

Must not be based on inadequate medical history or examination

¢ 

Must not be based on an incorrect legal theory

¢ 

Must not be conclusory

¢ 

Must not be beyond the physician’s expertise

We will go over these ideas in the upcoming slides.

9

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A medical opinion only needs to be based on “reasonable medical probability.” It doesn’t need to be based on scientific certainty. It is sufficient if an opinion is “reasonable” or “probable,” i.e., more than merely possible. Doctors are expected to assess all of the facts of a case and to provide their expert opinions. It is helpful if you state that your opinion is based on “reasonable medical probability,” but that alone is not enough. Generally, whether a doctor’s opinion is based on reasonable medical probability depends on how effectively the doctor explains the opinion.

10

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A medical opinion must be based on a factual or medical basis, rather than speculation. An opinion based on reasonable medical probability is supported by known facts; a speculative opinion is not. In a sense, all medical reports are speculative. When a doctor apportions 30% of an injury to nonindustrial factors, it is somewhat of a guess. Using medical judgment to come up with an approximate percentage of apportionment does not make it speculative. But, it is the doctor’s ability to support that opinion with facts that makes the opinion substantial evidence.

11

¢ 

¢ 

¢ 

It is permissible to apportion based on: ¢ 

A review of diagnostic testing

¢ 

Known facts from your evaluation

¢ 

A review of medical records

So long as you adequately explain the factual or medical basis for your opinion, it will be considered substantial evidence. It is not permissible to apportion to “prior nonindustrial injuries” if you have no evidence of any.

12

¢ 

¢ 

¢ 

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A medical opinion may be insubstantial if it is found to be erroneous. This can happen when a doctor offers an opinion which is invalidated by diagnostic testing. For example, if a doctor offer an opinion on PD to the spine, but fails to review diagnostic testing which shows that the condition was worse than reported, the opinion could be considered insubstantial. Don’t ignore previously performed diagnostic tests. Explain how the testing supports your opinion. If you need diagnostic testing to offer an informed opinion, don’t be afraid to ask for it.

13

¢ 

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Just like a report can be insubstantial if it is erroneous, it can be insubstantial if it is based on an inadequate medical history or examination. This commonly happens when an applicant gives a doctor a false medical history. This is where review of medical records becomes important. If an applicant provides a medical history that is inconsistent with prior records, point that out in your report. Explain how the inaccurate history given by the applicant does or does not affect your opinion.

14

¢ 

¢ 

¢ 

¢ 

¢ 

A medical opinion is not substantial evidence if it is based on a misunderstanding of applicable legal standards. Doctors are expected to understand the terms “permanent disability,” “temporary disability,” “permanent and stationary” or “maximum medical improvement,” and “apportionment.” For example, it would be improper to report that an applicant is P&S solely because he or she has been returned to modified duty. P&S status refers to medical rehabilitation from an injury, not the ability to work. Per CCR 10152, "A disability is considered permanent when the employee has reached maximal medical improvement, meaning his or her condition is well stabilized, and unlikely to change substantially in the next year with or without medical treatment."

15

¢ 

¢ 

¢ 

¢ 

¢ 

A medical opinion is not substantial evidence if a doctor fails to explain the underlying basis for his or her conclusions. This is the single most important factor in determining whether a doctor’s opinion will be considered substantial evidence. A medical report should explain the reasoning for a conclusion in layman’s terms as much as possible. Because doctors do not testify at workers’ compensation trials, the parties and the WCAB need to understand the basis for the opinion. A good and thorough explanation for an opinion will obviate the need for a supplemental report and possibly a deposition.

16

¢ 

¢ 

¢ 

¢ 

¢ 

¢ 

A medical opinion is not substantial evidence it is extended beyond the range of the physician’s expertise. For example, an orthopedic surgeon’s opinion that the applicant has a compensable psychiatric injury would not be substantial. If there are issues beyond a doctor’s expertise, the doctor should request a consultation in the appropriate specialty. As a doctor, you would be in the best position to know whether a condition is within your expertise. If another specialist is required, the key again is to explain the reasoning for the referral. If you are the PTP, it would then be your duty to review the specialist’s opinion and then comment and incorporate the report.

17

Whether an injury is AOE/COE may be: ¢ 

¢ 

A medical issue – Are the applicant’s lower back problems caused by cumulative trauma or a pre-existing condition? A legal issue – Did the applicant’s injury while driving to work occur in the course of employment?

18

¢ 

If AOE/COE is a medical issue, it must be resolved by a physician.

¢ 

AOE/COE is commonly a medical issue for the following:

¢ 

¢ 

¢ 

Cumulative trauma claims

¢ 

Psychiatric claims

¢ 

Internal medical claims (hypertension, gastrointestinal issues)

¢ 

Occupational diseases (cancer, asbestosis)

If AOE/COE is a medical issue, it is the doctor’s duty to take a full and accurate history, and make a determination on causation based on reasonable medical probability. A doctor must explain how and why a worker’s condition is or is not related to the employment.

19

¢ 

¢ 

¢ 

¢ 

¢ 

¢ 

If AOE/COE is a legal issue, your job as a doctor is simply to treat the injury until it is denied by the insurer. For example, if an applicant is injured while driving to work, then his/her claim is potentially barred by the going and coming rule. While the claim is being investigated, LC 5402(c) requires an employer to provide up to $10,000 in medical care until the employer denies the claim. So, even if there is an issue over whether the injury is compensable, medical treatment should be provided until the claim is denied. Leave it up to the lawyers to determine whether the claim is compensable. If you are advised that the claim is denied, you should discontinue treatment at that point.

20

¢ 

¢ 

¢ 

Many times, an applicant will claim injury to multiple body parts as a result of an industrial injury. When you first treat an applicant, it is important that you report what body parts are claimed to be injured. Take a history from the applicant and determine whether it is medically probable for the mechanism of injury to cause injury to all of the body parts. Explain why or why not.

21

¢ 

¢ 

¢ 

¢ 

¢ 

In workers’ compensation, subsequent injuries which are caused by an industrial injury are also compensable. If an applicant claims injury to a new body part months or years after the initial injury, assess whether the new body part is causally related to the original injury. Take a complete history of the newly claimed body part (e.g. subsequent injuries, when did the symptoms begin, what was the applicant doing when the symptoms commenced.) Not all subsequently claimed body parts relate to the original injury. If you do not believe that the add-on body part is related to the original injury, you must properly explain your opinion.

22

¢ 

¢ 

¢ 

¢ 

¢ 

When an industrial injury lights up, aggravates, or accelerates a preexisting disease or condition, the injury is compensable. An exacerbation occurs when an industrial injury has caused a temporary flare-up of the pre-existing disease or condition. The employer must treat the pre-existing disease or condition during the temporary flare-up. After the temporary flare-up subsides, the employer is no longer required to treat the pre-existing disease or condition. An aggravation occurs when an industrial injury has permanently worsened a pre-existing disease or condition. If there is a permanent aggravation of a pre-existing disease or condition, then not only is the employer liable for any disability caused by the employment, but is also fully liable for continuing medical treatment of the condition.

23

¢ 

¢ 

¢ 

¢ 

¢ 

If a pre-existing disease or condition is permanently aggravated by an industrial injury, the applicant’s permanent disability may be apportioned to the pre-existing non-industrial factors. That is, the employer is not liable for the PD caused by the pre-existing factors and you should apportion appropriately. However, if industrial factors contribute even 1% to the need for medical treatment, the employer is fully liable for the total cost of medical treatment. The employee must still prove that the pre-existing condition was exacerbated or aggravated by an industrial injury. It up to a doctor to determine whether there is an exacerbation or aggravation. A doctor’s opinion on this issue must be substantial evidence.

24

¢ 

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¢ 

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A PTP’s duties include reporting whether an employee is temporarily disabled. Temporary disability is total if the employee cannot return to any kind of work during the recovery period. Temporary disability is partial when the employee can perform some work, but not full normal duties. If you believe that an employee can only perform “modified duty” or “light duty,” be specific with your work restrictions. Employers rely on a doctor’s work restrictions to determine whether an employee’s usual work falls within the restrictions or to determine whether another position is available.

25

¢ 

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Medical care under the workers’ compensation system is generally based on the Medical Treatment Utilization Schedule (MTUS). The MTUS is composed mostly of the ACOEM Guidelines, but also includes other guidelines. The MTUS is presumptively correct on the extent and scope of medical treatment. Utilization review (UR) and independent medical review (IMR) are the processes used to determine whether a request for treatment falls within the MTUS. Per LC 4604.5(a), the MTUS may be rebutted by a preponderance of scientific medical evidence establishing that variance from the MTUS is reasonably required to cure or relieve the applicant from the effects of the injury.

26

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In order to request authorization for medical treatment, a DWC Form RFA must be completed. The RFA form must be accompanied by documentation substantiating the need for medical treatment. Explain why the applicant needs the requested Because of the UR/IMR scheme, a physician’s course of care is generally limited to what is allowable under the MTUS. But, if a doctor presents other scientific literature showing that the proposed course of care is reasonable, then the MTUS may be rebutted. Also, pursuant to Dubon II, if a UR decision is untimely, the WCAB retains jurisdiction to award treatment so long as the request is supported by “substantial medical evidence.”

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Therefore, it is always a good idea justify the needed for the requested treatment in a report. It may persuade the claims adjuster to authorize the treatment without sending the request to UR. Or, the UR doctor may be persuaded by PTP’s rationale for the requested treatment.

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For injuries on or after Jan. 1, 2005, permanent disability is rated using the AMA Guides. Under the AMA Guides, a physician performs an evaluation to determine the whole person impairment (WPI) for the injured applicant’s medical condition(s). After considering various factors such as the applicant's history, the physical examination and test results, the physician must compare the medical findings for the applicant's condition with the impairment criteria listed in the AMA guides. The report should include a summary list of the impairments and impairment ratings by percentage, together with a calculation of the final WPI, and a statement of the rationale underlying the WPI opinion.

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Almaraz/Guzman is the name commonly given to the WCAB decisions involving two consolidated cases: Almaraz v. Environmental Recovery Services and Guzman v. Milpitas Unified School District. The WCAB’s en banc decision in Almaraz/Guzman was affirmed by the Court of Appeal in Milpitas Unified School District v. WCAB (Guzman) (2010) 187 Cal.App.4th 808. Under Almaraz/Guzman, the whole person impairment (WPI) portion of the schedule may be rebutted by evidence within the "four corners" of the AMA guides. A physician may utilize any chapter, table or method in the AMA Guides to assess WPI when those pertaining to an injury do not accurately describe the injured employee's impairment.

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When should a doctor address Almaraz/Guzman in an MMI report? Almaraz/Guzman does not allow a doctor to conduct a fishing expedition through the AMA Guides simply to achieve a desired result. For example, a doctor shouldn’t use Almaraz/Guzman just because an applicant would have received a higher PD award under the old schedule. Doctors are expected to use their clinical judgement on whether a scheduled rating accurately reflects an applicant’s impairment. The key to applying Almaraz/Guzman is to explain why departure from the impairment percentages is necessary and how the doctor arrived at a different rating. Cases involving Almaraz/Guzman generally boil down to whether a doctor properly explains why use a different part of the AMA Guides more accurately reflects an applicant’s impairment.

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Although SB 863 made changes to PD for injuries on or after Jan. 1, 2013, Almaraz/Guzman still applies. LC 4660.1(h) states, "In enacting the act adding this section, it is not the intent of the Legislature to overrule the holding in Milpitas Unified School District v. Workers' Comp. Appeals Bd. (Guzman) (2010) 187 Cal.App.4th 808." So, for injuries arising on or after Jan. 1, 2013, a physician still may utilize any chapter, table or method in the AMA Guides to assess an injured worker's whole person impairment, provided that his or her opinion is supported by substantial evidence.

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Since 2004, LC 4663(a) requires apportionment to be based on “causation.” LC 4664(a) states, “The employer shall only be liable for the percentage of permanent disability caused by the injury arising out of an in the course of employment.” Apportionment may be based on pathology and asymptomatic prior conditions. In fact, the WCAB has held that a doctor who refuses to find apportionment solely because the applicant did not have significant pre-injury medical treatment or disability would not be substantial evidence. Such an opinion would be based on an incorrect legal theory. This was required under the old law, but not the current law.

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The key to any apportionment opinion is the doctor’s explanation. For example, suppose a doctor apportions 50 percent of a back disability to an industrial injury and 50 percent to degenerative disc disease. The doctor should explain how and why the disability is causally related to the industrial injury and how and why the injury is responsible for about 50 percent of the disability. The doctor should also explain the nature of the degenerative disk disease, how and why it is causing permanent disability at the time of the evaluation, and how and why it is responsible for about 50 percent of the disability.

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Suppose an applicant has arthritis in the knee and gets a total knee replacement which removes the arthritis. Does apportionment apply? Although there is some dispute over this at the WCAB, all of the recent decisions would allow apportionment. As explained in Williams v. WCAB (2008) 74 CCC 88 (writ denied), “[W]hen the medical evidence establishes that a combination of factors results in the need for surgery and consequent permanent disability, causation of the permanent disability lies with all the factors, even pathology removed by the surgery.” It is appropriate to apportion to the arthritis, even if it is removed by surgery, so long as the arthritis contributed to the need for surgery. The doctor needs to explain how the pre-existing arthritis contributed to the need for surgery.

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Questions?

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Contact Information: §  § 

[email protected] [email protected]

36

Michael Mcdonald McDonald Law Corp.

Topic: Interacting within the interactive process Michael G. McDonald is the founder of McDonald Law Corporation in Concord, California. Mr. McDonald graduated from Marquette University in Milwaukee, Wisconsin. He received his law degree from California Western School of Law in San Diego, California. Mr. McDonald has over 27 years of California Workers’ Compensation law experience, is a Judge Pro Tem for the Workers’ Compensation Appeals Board, and is a certified specialist in Workers’ Compensation by the California Board of Legal Specialization of the State Bar of California. Mr. McDonald’s firm concentrates its practice in the areas of Workers’ Compensation defense, including 132a, Serious and Willful claims, and subrogation. Mr. McDonald is a lecturer for ExecuSummit, Council on Education in Management, Lorman Education Services, CWCDAA Annual Conferences, and various employer organizations concerning Workers’ Compensation issues, teaches Insurance Education Association classes, and has authored articles for Quinlan Publishing of New York, GetMedlegal.com, wcezine.com and Skeet Shooting Magazine. He is the past President of the Northern California Workers’ Compensation Defense Attorneys’ Association, serves on the California Workers’ Compensation Defense Attorneys’ Association Board of Directors, member of the Concord and California Chambers of Commerce, as well as several Industrial Claims Associations. He is also past President of the Bay Point Rod and Gun Club and has served on the United Sportsmen Incorporated Board of Directors. Mr. McDonald’s honors include receiving the Reginald Heber Smith Fellowship, awarded by Legal Services Corporation (1985), being named to the International Who’s Who of Entrepreneurs (2001), and the Northern California Super Lawyers List (2007, 2009).

FRESNO

PIWC 2015

McDONALD  LAW  CORPORATION  

MICHAEL G. McDONALD is the founder of McDonald Law Corporation in Concord, California. Mr. McDonald graduated from Marquette University in Milwaukee, Wisconsin. He received his law degree from California Western School of Law in San Diego, California. Mr. McDonald has over 27 years of California Workers’ Compensation law experience, is a Judge Pro Tem for the Workers' Compensation Appeals Board, and is a certified specialist in Workers’ Compensation by the California Board of Legal Specialization of the State Bar of California. Mr. McDonald’s firm concentrates its practice in the areas of Workers’ Compensation defense, including 132a, Serious and Willful claims, and subrogation. Mr. McDonald is a lecturer for ExecuSummit, Council on Education in Management, Lorman Education Services, CWCDAA Annual Conferences, and various employer organizations concerning Workers’ Compensation issues, teaches Insurance Education Association classes, and has authored articles for Quinlan Publishing of New York, GetMedlegal.com, wcezine.com and Skeet Shooting Magazine. He is the past President of the Northern California Workers' Compensation Defense Attorneys’ Association, serves on the California Workers’ Compensation Defense Attorneys’ Association Board of Directors, member of the Concord and California Chambers of Commerce, as well as several Industrial Claims Associations. He is also past President of the Bay Point Rod and Gun Club and has served on the United Sportsmen Incorporated Board of Directors.

Corporate  Office     Bay  Area     1800  Sutter  Street,  Suite  300     Concord,  CA  94520-­‐2556   Voice:  (925)  363-­‐4380   E-­‐mail:   [email protected]  

 

PLEASE  REPLY  TO  OUR     CORPORATE  OFFICE    

www.mcdonaldlawcorp.com   Fax:        (925)    363-­‐4352  

 

Los  Angeles  Area  Office   Voice: (657) 333-0630 Central  Valley/Sacramento  Office   Voice:  (916)  201-­‐2450   South  Bay/San  Jose  Office  

Voice:  (408)  315-­‐5941    

McDonald Law Corporation Statement of Practice (Continued)

Mr. McDonald's honors include receiving the Reginald Heber Smith Fellowship, awarded by Legal Services Corporation (1985), being named to the International Who's Who of Entrepreneurs (2001), and the Northern California Super Lawyers List (2007, 2009).

helyn hoffman Arthur J. Gallagher Topic: Interacting within the interactive process Bio- Helyn Hoffman- WCCP/CPDM Senior Claims Consultant Arthur J. Gallagher I provide over 30 plus years of National and International experience in Claims Management, Risk Management, Human Resources, and ADADisability Management from such organizations as Coca-Cola Enterprises, Kaiser- Health Organizations, Macy*s California, Non Profit Specialty Health Care Organizations, Specialty Retail Stores and the International chain of Whole Foods Markets. Positions I have held range from Managers of Claims to Director of Human Resources, Safety Risk Officer to HR Employee Relations Representative. I have been so fortunate to have been included in this great organization of AJG a year ago and I am continuing my passion of claims management for our clients. The most exciting aspect of my position at AJG claims management is the ability to service my clients from a National Multi State point of view; with expertise in the state of CA. I provide all aspects of claims management from reporting claims, file reviews, to claim resolutions/settlements. I served several years as the president of DMEC/ Risk Management of NCA Chapter and Instructor of the prestige IEA (Insurance Education Association)teaching WC Claims Management, Legal Updates, Return to Work Programs including Leave Absence Management ADA issues to Employers, Adjusters, Attorneys, Claims Specialists, etc… for over 7 years. FRESNO

PIWC 2015

Friend  or  Foe  -­‐  Return  to  Work  or  not     within  the  claims  process      

Presented  by:     Michael  G.  McDonald,  Esq.   McDonald  Law  Corporation     Helyn  Hoffman   Arthur  J.  Gallagher  

     

Michael  G.  McDonald,  Esq.  

Founder:  McDonald  Law  Corpora3on   —  Education:  Marquette  University,  Milwaukee,  WI  (BA  1980);  California  Western  

School  of  Law,  San  Diego,  CA    (JD  1985)   —  Member:  Diablo  Valley  Industrial  Claims  Assn;  Valley  Industrial  Claims  Assn;  

Professionals  in  Workers’  Compensation;  California  Chamber  of  Commerce   —  Director:  California  Workers’  Compensation  Defense  Attorneys  Association;  

President:  NCWCDAA  2009-­‐2011   —  Accomplishments:  Recipient  of  the  Reginald  Heber  Smith  Fellowship;  named  

to  the  2007,    2009  Northern  California  Super  Lawyers  list;  Bd  of  Directors:   CWCDAA;  Certified  Specialist  in  Workers’  Compensation  by  the  State  Bar  of   California   —  Instructor:  Insurance  Education  Association;  Lecturer:  Lorman    

Education  Services;  Council  on  Education  in  Management   www.mcdonaldlawcorp.com  

Helyn  Hoffman  –  WCCP/CPDM  

Senior  Claims  Consultant:  Arthur  J.  Gallagher  &  Co.   —  I  provide  over  30  plus  years  of  National  and  International  experience  in  Claims  Management,  

Risk  Management,  Human  Resources,  and  ADA-­‐  Disability  Management  from  such   organizations  as  Coca-­‐Cola  Enterprises,  Kaiser-­‐  Health  Organizations,  Macy*s  California,  Non   Profit  Specialty  Health  Care  Organizations,  Specialty  Retail  Stores  and  the  International  chain   of  Whole  Foods  Markets.    

—  Positions  I  have  held  range  from  Managers  of  Claims  to  Director  of  Human  Resources,  Safety  

Risk  Officer  to  HR  Employee  Relations  Representative.  I  have  been  so  fortunate  to  have  been   included  in  this  great  organization  of  AJG  a  year  ago  and  I  am  continuing  my  passion  of   claims  management  for  our  clients.  The  most  exciting  aspect  of  my  position  at  AJG  claims   management  is  the  ability  to  service  my  clients  from  a  National  Multi  State  point  of  view;  with   expertise  in  the  state  of  CA.  I  provide  all  aspects  of  claims  management  from  reporting  claims,   file  reviews,  to  claim  resolutions/settlements.  

—  I  served  several  years  as  the  president  of  DMEC/  Risk  Management  of  NCA  Chapter  and  

Instructor  of  the  prestige  IEA  (Insurance  Education  Association)teaching  WC  Claims   Management,  Legal  Updates,  Return  to  Work  Programs  including  Leave  Absence   Management  ADA  issues  to  Employers,  Adjusters,  Attorneys,  Claims  Specialists,  etc…  for  over   7  years.  

Chemistry  of  TIAP   —  Summary  of  the  AB2222   —  Communication  -­‐  The  Three  C  program   —  Defining  the  Interactive  Process   —  Triggers  of  TIAP  -­‐  Known  and  Unknown   —  Accommodations  -­‐  Leave  of  Absence   —  Direct  Job  Placement   —  WC  Voucher   —  Mod/Alt  Employment   —  Alternative  Community  Employment   —  Separation  of  Employment  -­‐  Not  Termination   www.mcdonaldlawcorp.com  

Summary  of  AB2222   —  CA  bill  in  effect  01/01/2001  –  expanding  the  scope  of  

disabilities,  entitled  to  protection  under  the  agencies  of   “FEHA”  and  the  Unruh  Act   —  Employers  are  expected  to  engage  under  AB2222  in  the   interactive  process  under  this  law.  Employers  will  be  liable   to  liability  under  failing  to  engage   —  AB2222  allows  the  difference  of  CA  law  to  ADA     —  Key  words  in  AB2222  limit  to  substantially  limited   —  Knowing  the  term  disabled  is  broader  in  scope;  implied,   presented  and  applied.   www.mcdonaldlawcorp.com  

The  Three  C  Program   —  Communication:  Consistency,  Continuity  and  Caring   —  Documented  Dialogs;  All  parties  included  and  clearly  

heard,  timelines  with  agreed  upon  outcomes   —  Good  faith  actions  of  all  parties;  ER,  EE  and  medical   Provider  –  caring  to  a  positive  outcome   —  Forms:  Medical  Authorization  Release,  standard  approved   and  legally  review  TIAP  documents(  launching  pad  will  be   the  DOL  forms)   —  “SME”-­‐  always  include  your  subject  matter  expert  in  this   process  (HR,  Claims,  Managers  to  Safety)   www.mcdonaldlawcorp.com  

TIAP:  The  Interac3ve  Process   —  What  is  the  interactive  process?   —  Understanding  the  interactive  process  within  the  Workers’  

Compensation  system  –  AB2222   —  Objectives/Outcomes  of  the  TIAP  (Interactive  Process)   —  Defined  roles  and  expectations  of  all  the  persons  in  TIAP   —  Face-­‐to-­‐face  meetings  &  documentation  of  TIAP     —  Temporary  to  Permanent  Return  to  Work  within  TIAP   —  Settlements,  Accommodations  and  closing  the  file   —  Laws  that  intersect  with  TIAP  and  WC:ADA  (amended     ADAAA-­‐2008),  FMLA,  FEHA  and  all  local  policies.   www.mcdonaldlawcorp.com  

Interac3ve  Process:  Simply  Defined   —  This  is  a  process  in  which  Employers  and  Employees  

(Applicants)  engage  in  a  dialog  (verbal,  written  or  third   party)  about  limitations,  conditions,  modifications  of   the  essential  functions  of  one’s  job  description  of   employment.   —  This  process  can  apply  to  Applications  in  process;  this   can  apply  to  established  employees  (hired)  and     exiting  employees  on  a  path  of  retirement  to     Workers’  Compensation  claims  to  non-­‐industrial     claims  made.   www.mcdonaldlawcorp.com  

Triggers  of  Interac3ve  Process   —  ER  Triggers  

—  Employee  Actions  

—  Information  received  formally  

—  Employee  requests  a  meeting  to  

from  a  MD  regarding  claim   conditions/restrictions  of   employment     —  Request  of  accommodations  from   the  EE  (verbal  or  written)   —  Requests  for  dialog  from  legal   entity;  Attorney   —  IN  HR  process  problems/ concerns  are  reviewed  with   employee  

discuss  accommodations.   —  This  includes:  leave  of  absence,   partial  work  schedules,  location,   telecommute  are  just  some  forms   of  employment  accommodation     —  Employee  requests   accommodations  during  HR  review   of  performance,  attendance  in   addition  interpersonal   relationships  

www.mcdonaldlawcorp.com  

Work  Within  the  Interac3ve  Process   —  Goal  of  TIAP:  Gainful  Return  To  Work   —  Employers  must  demonstrate  the  process  without  

prejudice  in  the  following  way:    

1.  Face-­‐to-­‐face  meetings  with  employee:  2    persons  preferred   2.  Written  documentations  (letters)  supporting  the  meeting’s  

documentations  that  demonstrate  reframing  of  meeting  and   defined  plans  of  actions  with  timelines  and  expectations  of   each  person   3.  Follow  up  on  all  communications  in  a  written  diary  format  -­‐   email,  phone  calls,  Skype,  etc…  

www.mcdonaldlawcorp.com  

Accommoda3ons  under  TIAP   —  Once  notification  is  received  that  your  employee  has  a  

condition  or  restriction  of  employment,  you  may  start  the   interactive  process.   —  In  some  cases,  placing  an  employee  on  a  leave  of  absence   is  the  first  option  and  is  viewed  as  a  form  of   accommodation.  This  will  afford  you  some  time  to  review   medical  provider  notes  and  review  an  employment   accommodation.   —   The  accommodation  can  include  the  following:  a  partial   work  schedule,  location/position/schedule  change,   alternative  community  work,  etc…   www.mcdonaldlawcorp.com  

Accommoda3ons-­‐TRTW  Temp  to  Perm   —  Accommodating  modified  duty  under  a  claim  not  only  

reduces  your  TTD  claim  exposure,  it  supports  the  TIAP   program  of  accommodation.     —  This  can  be  on  temporary  restrictions  within  an  agreement   and  a  specific  time  frame  based  on  a  medical  provider  note   to  permanent  restrictions  based  on  an  MMI  report.   —  Temporary  -­‐  No  greater  than  90  days  in  duration  and     the  TRTW  must  be  able  to  support  and  medically   demonstrate  sustained  improvement  of  the  condition     of  employment.   www.mcdonaldlawcorp.com  

Interac3ve  -­‐  MMI-­‐Perm   —  Employers  need  to  start  on  the  interactive  process  with  

the  Injured  Worker  during  the  injury  -­‐  awareness  of   potential  restrictions  leading  to  permanent  conditions  or   restrictions  of  employment.   —  If  IW  is  no  longer  an  employee,  you  will  be  asked  to   support  the  questions  “if  it  were  not  for”  could  you  have   accommodated  the  restrictions?  If  this  process  took  place,   you  would  have  met  the  expectation.     —  Documentation  of  the  following  will  be  the  requirement:   Job  Description(  RU-­‐91)  last  known  note.   www.mcdonaldlawcorp.com  

Modified  Alterna3ve  Employment   —  In  the  TIAP  process,  you  will  need  to  work  closely  with  your  hiring  

persons  in  addition  to  managers  of  departments/locations  of  your   employment.   —  Search  your  open  positions,  in  addition  to  positions  that  the  IW  is  a   proper  candidate  for  accommodations  could  meet  with  or  without   restrictions.  You  are  not  required  to  create  a  position  or  create  undue   hardship  upon  the  business.   —  Define  all  your  modifications/restrictions  (last  known  note)  of  the  IW   usual  and  customary  job;  match  up  on  Technical,  Educational,   location  and  certifications,  etc…   —  If  placement  fits,  you  will  be  in  the  process  Mod/Alt  -­‐normal     company  transfer  will  take  place.  Provide  copies  of  this     transfer  /accommodation  to  your  claims  adjuster.     www.mcdonaldlawcorp.com  

Alterna3ve  Community  Placement   —  Temporary  accommodations  can  go  beyond  your  employment  doors   —  —  —  —  — 

–  Goodwill,  local  schools,  Red  Cross,  National  Guard,  etc…   In  many  cases,  the  IW  will  be  placed  in  Community  Service  positions   during  temporary  restrictions  as  the  form  of  accommodations.   These  accommodations  for  the  IW  will  support  gainful  return  to     work.  In  addition,  IW  can  be  paid  up  to  85%.   Forms  needed:  TRTW  agreement  form,  Medical  provider  note  (in     some  states,  you  will  be  required  to  have  MD  approval)   IW  can  option  out  –  TTD  will  stop  if  it  is  a  clear  offer  of  TRTW   IW  will  need  to  be  placed  on  a  LOA  to  support  accommodation     and  TIAP  can  continue  to  take  place  to  separation  if     warranted   www.mcdonaldlawcorp.com  

Direct  Job  Placement   —  In  many  cases,  the  IW  will  be  placed  in  Community  

Service  positions  during  temporary  restrictions   accommodations  and  some  of  these  positions  will   evolve  into  a  permanent  opportunity.     —  Once  this  is  established;  you  will  need  to  have  a  

resignation  from  IW  regarding  current  employment.   —  Coordinate  with  this  agency  or  alternate  employment     a  copy  of  the  acceptance  of  employment  document     and  process  your  documents  to  the  claims  adjuster     for  file  notes  of  alternate  employment.     www.mcdonaldlawcorp.com  

WC  Voucher   —  LC  §  4658.5;  8  CCR  10133.53:  Injuries  Occurring  between  

01/01/04  -­‐  12/31/12  ($4,000  -­‐  $10,000)  

www.mcdonaldlawcorp.com  

WC  Voucher  (Post  01/01/13)   —  LC  §  4658.7;  8  CCR  10133.34:  Injuries  Occurring  On  or  After  01/01/13  

($6,000)  unless   —  P&S  and  PPD  exists   —  Offer  of  Reg,  Mod/Alt  work  made  no  later  than  60  days  after  CA   receipt  of  FIRST  P&S  report  from  either  a  PTP  or  AME/QME   — 

On  Form  10133.36   —  Physician  to  discuss  work  capacities/restrictions  and  activities   compatible  with  physical  requirements  of  JA   —  CA  SHALL  forward  the  form  to  the  employer  for  the     purpose  of  fulling  informing  the  Employer  of  work  capacities/ restrictions  for  potential  reg/mod/alt  work   www.mcdonaldlawcorp.com  

WC  Voucher  (Post  01/01/13)   —  LC  §  4659.7   —  Offer  of  employment  to  last  at  least  12  months   (Regulation  10133.35)   —  SJDB  voucher  shall  be  offered  to  the  IW  within  20  days   of  expiration  of  time  to  make  offer  of  employment   —  $6,000   —  — 

— 

Includes  up  to  $1,000  to  purchase  computer   Includes  up  to  $500  of  miscellaneous  expenses  without  need   for  itemization   Unable  to  settle  voucher   www.mcdonaldlawcorp.com  

Issues     —  Duty  of  CA  to  obtain  RTW/Voucher  Report   —  Failure  to  Inform  Employer  of  work  capacities   —  Duty  to  Investigate   —  Documentation  Failure   —  Good  Faith  Participation  in  TIAP   —  AA  jump  in  on  it:  132a  to  S  &W,  etc…   —  Civil  Liability  issues     —  Employment  Audits   —  Insurance  Rates  increase,  EMR  rates  increase   www.mcdonaldlawcorp.com  

Separa3on  vs  Termina3on   —  Separation  of  employment  is  a  mutual  agreement  of  

resignation  of  employment  (moving,  retirement,   gainful  alternative  employment)   —  Termination  of  employment  is  usually  under  a     non-­‐voluntary  exit  of  employment(  performance,  HR   good  faith  actions;  PP)   —  Process  of  choice  in  claims  management:  Separation.   Complete  interactive  process  in  addition  with  a     voluntary  resignation   www.mcdonaldlawcorp.com  

Termina3on  in  claims-­‐interac3ve   —  Termination  in  the  claims  process  is  the  most  difficult  

for  employers  and  claims  adjusters  -­‐  IW’s  will  usually   seek  out/obtain  legal  counsel  and  start  the  medical   and  legal  aspects  of  the  claim  all  over  again.   —  If  a  termination  occurs  for  good  faith  action  (positive   drug  tests,  altercations,  unsafe  acts,  etc…)  it  may  not     result  in  claim  closure,  denial  or  stop  the  medical   train;  however,  it  will  reduce  the  exposure  of  the   interactive  process  of  non-­‐accommodation.   —  Documentation     www.mcdonaldlawcorp.com  

Case  examples  TIAP   —  Vanderheiden  v.  City  of  Alameda  

(06/02/09)  1st  DCA  unpublished   —  Firefighter  since  1989   —  Co-­‐worker  splashed  bodily  fluids  into  his  mouth   and  eye  from  suspected  hepatitis  patient   —  Resulted  in  arguments,  complaints,  union   intervention,  police  report   —  Relationship  with  co-­‐workers  deteriorated  and  he   was  put  on  leave  due  to  concern  about  mental   state;  directed  to  seek  treatment   www.mcdonaldlawcorp.com  

Vanderheiden  v.  City  of  Alameda   (cont.)   —  Plaintiff  filed  suit  alleging  discriminatory  

discharge,  failure  to  accommodate,  failure  to   engage  in  interactive  process   —  City  filed  for  Summary  Judgment   —  Plaintiff  failed  to  engage  in  interactive  process   —  He  failed  to  request  reasonable  accommodation   —  He  failed  to  produce  evidence  he  was  not  disabled  and  

capable  of  performing  essential  duties  of  job   www.mcdonaldlawcorp.com  

Vanderheiden  (cont.)   —  Trial  court  found  in  City  favor   —  Court  of  Appeal  reversed   —  Sufficient  evidence  existed  of  discriminatory  discharge   —  Factual  question  as  to  whether  City  engaged  in   Interactive  Process   —  Question  of  fact  about  ability  to  perform  essential  job   functions  

www.mcdonaldlawcorp.com  

Case  Raine  v.  City  of  Burbank   nd (01/25/06)  2  DCA   —  1995  Police  Officer  sustained  a  torn  meniscus,  which  

made  running,  jumping,  kneeling  and  lifting  difficult   —  He  was  assigned  to  a  light  duty  front  desk  position   while  he  was  recovering   —  In  2002,  his  physician  advised  City  he  was  unable  to   perform  essential  job  duties  of  a  PO.   —  City  engaged  in  interactive  process:  No  positions   available  but  he  could  change  status  to  police   technician   www.mcdonaldlawcorp.com  

Raines  v.  City  of  Burbank   (Cont.)   —  Appeals  Court  noted  the  front  desk  assignment  would  

require  City  to  create  a  new  sworn  officer  position   —  Unreasonable  to  create  a  new  position  when  the  front   desk  position  was  reserved  for  civilian  personnel,   without  altering  PO  status  and  salary   —  No  vacant  position  existed  for  Raines  

www.mcdonaldlawcorp.com  

Cuielle:e  v.  City  of  Los  Angeles   nd (04/22/11)  Published  2  DCA   —  Police  Officer  injured  on  duty   —  He  requested  desk  assignment  upon  return  from  

medical  leave   —  City  provided  desk  job  in  warrants  section,  a  common   practice   —  WC  Award  of  100%   —  City  informed  him  he  was  not  allowed  to  work  a  week   after  the  100%  rating   www.mcdonaldlawcorp.com  

Cuielle:e  v.  City  of  Los  Angeles   (cont.)   —  Court  held  the  100%  rating  obtained  in  a  WC  

proceeding  was  not  a  legitimate,  non-­‐discriminatory   reason  for  the  adverse  work  action   —  Trial  Court  erred  in  failing  to  properly  instruct  jury  on   ability  to  perform  essential  job  duties  of  PO  with  or  w/o   reasonable  accommodation   —  City  failed  to  engage  in  Interactive  Process  

www.mcdonaldlawcorp.com  

Cuielle:e  v.  City  of  Los  Angeles   (cont.)   —  Decision  affirmed  with  costs  to  Plaintiff   —  Practice  of  placing  injured  POs  in  permanent,  light  

duty  positions  amounts  to  a  reasonable   accommodation   —  Plaintiff  could  perform  essential  job  functions  of  a   desk  for  fugitive  warrants  

www.mcdonaldlawcorp.com  

Gambini  vs.  Total  Renal  Care   —  Mental  illness  of  acceptance  ADA  matter  led  to  

performance/employment  conduct  termination   —  Federal  Trial  Court  upheld  termination   —  Federal  Appellate  Court  overturned  the  termination   —  Held  opinion:  Firing-­‐Termination  of  an  employee  for   misconduct/performance  caused  by  a  known  disability  is   the  same  as  firing  an  employee  for  having  the  disability   —  ?  -­‐  If  the  employee  discloses  a  disability  and  any  aspect   (behavior-­‐performance)  is  part  of  the  disability,     the  EE/ER  must  enter  into  TIAP   www.mcdonaldlawcorp.com  

Wills  v.  Superior  Court  of  Orange   County  (2011)   —  Bipolar  disorder   —  Employer  written  policy  against  verbal  threats,  threatening  

conduct  and  violence  in  workplace   —  IW  threatened  to  add  Anaheim  PD  employees  to  her  “Kill  Bill”   list   —  Listed  employee  discussed  a  restraining  order;  others  perceived   the  list  and  statements  as  threats   —  IW  argued  conduct  part  of  disability   —  Employer  argued  IW  violated  written  policy  prohibiting   workplace  violence  and  threats   www.mcdonaldlawcorp.com  

Wills  v.  Sup.  Court   —  Court  held  EEOC  “Enforcement  Guidance  on  the  ADA  and  

Psychiatric  Disabilities”  did  not  prevent  employer  from   disciplining  an  employee  for  threats  or  violence  in  the   workplace   —  ADA  does  not  require  ignoring  misconduct  that  will   endanger  others,  even  if  the  misconduct  is  a  result  of   disability   —  Employer  must  be  able  to  show   —  Policy  is  enforced  consistently   —  Discipline  of  disabled  employee  not  any  more  harsh   than  those  of  non-­‐disabled  employees   www.mcdonaldlawcorp.com  

Difference  between  Gambini  and   Wills   —  Gambini  did  not  involve  threats  of  violence   —  Throwing  paper  at  supervisor  and  shouting  

profanities  were  not  threats  of  violence   —  Hint:  Document   —  Environmental  factors   —  C0-­‐worker  concerns   —  Behavioral  tendencies  

www.mcdonaldlawcorp.com  

Tips  for  Avoiding  Liability   —  Have  written  policies  and  consistently  apply  them   —  Centralize  and  focus  on  your  decision  making   —  Have  a  process/system  in  place  to  track,  record  and  

preserve  all  accommodations  including  the  process  of   TIAP     —  Good  faith  on  all  parties  participation  is  mandatory   —  TIAP  may  be  required  several  times  during  the  course  of  a   given  injury  as  conditions  of  employment  change  based  on   accepted  medical  conditions  of  employment.   www.mcdonaldlawcorp.com  

Par3cipate  in  the  Process   —  Make  it  simple  and  transparent   —  Practice  your  Three  C  concept   —  Follow  up  and  follow  through  -­‐  timelines   —  Clearly  state  in  the  offer  whether  the  assignment  is  

temporary  or  permanent,  document  all  aspects  of  the   offer  as  if  it  was  a  new  hire  on  board   —  Make  an  effort  to  find  an  alternative  position  that   accommodates  the  restrictions  without  undue   hardships  in  costs  to  morale   www.mcdonaldlawcorp.com  

Ques3ons?   www.mcdonaldlawcorp.com   [email protected]    

   

Bay  Area    •    (925)  363-­‐4380     Central  Valley    •    (916)  201-­‐2450     South  Bay    •  (408)  315-­‐5941   Los  Angeles  Area  •  (657)  333-­‐0630  

WE  ARE  PLEASED  TO  ANNOUNCE  THE  OPENING  OF  OUR  LOS  ANGELES  AREA  OFFICE     MCDONALD  LAW  CORPORATION  PROUDLY  SERVICES  ALL  VENUES  STATEWIDE  

 

Ques3ons?  

www.ajgrms.com   Helyn_Hoff[email protected]    

 

   

Phone:    (415)  288-­‐1625      

Justin Paquette M.D. Paquette Spine Institute

Topic: The State of cutting edge advances in spinal technologies and techniques Justin Paquette, MD specializes in cervical, thoracic and lumbar spinal disorders, minimally invasive and neuronavigation-assisted spine surgery, adult and pediatric spinal deformity, scoliosis, motion preservation technology, artificial discs and other non-fusion surgeries, endoscopic spinal surgery, spinal tumor management, spine trauma and complex spine reconstruction, peripheral nerve decompression and reconstruction, as well as non-operative spine management such as injections. Dr. Paquette’s current research projects involve stem cell technology and research, the effects of spinal fluid dynamics on the development of idiopathic scoliosis and biomechanical parameters of biological cervical plates as compared to standard anterior cervical plates. In addition, he has researched long term effects of adult deformity surgery and has written articles for several publications, including NeuroReport. He consults for several companies creating advanced technology for the use of spinal surgeries such as tools, plates, screws, instrumentation and innovative devices for the use of spine stabilization and preservation of motion. He serves as a traveling instructor for advanced surgical techniques and motion preservation technologies and has been a national speaker for current research and surgical techniques in Boston, Los Angeles, Phoenix, Las Vegas, Jamaica, orange County, Pennsylvania and San Diego. Dr. Paquette has also been interviewed for multiple medical television programs including shows on E! Entertainment and Lifetime. Dr. Paquette received his bachelors of science in biology, psychology and cognitive science from Vassar College. He received his masters in neuroscience and neurology from the Boston University School of Medicine and received his medical degree from Albany Medical College. After an internship in general surgery at Beth Israel Deaconess Medical Center at Harvard University, he completed a residency in neurosurgery at Harvard and the Tufts–New England Medical Center. He subsequently completed a comprehensive spine surgery fellowship at Cedars-Sinai Medical Center in Los Angeles. He has spent time studying advanced spinal endoscopic approaches in Phoenix, Arizona and has had additional training in pediatric scoliosis surgery at Children’s Hospital at the University of Miami and Children’s Hospital at San Diego. He currently runs a spine fellowship at Silver Lake Hospital. He currently practices in several locations from Northern to Southern California.

FRESNO

PIWC 2015

OUR LOCATIONS

A WORD FROM DR. PAQUETTE

Dr. Paquette accepts all patient referrals including private insurance, workmans’ compensation and personal injury. He provides complex neurosurgical spine care through offices in the following areas:

“The most important aspect of my professional life is an unwavering commitment to the welfare of my patients. As such I will take the time to address each patient’s problems, questions and concerns in order to devise a logical and thoughtful approach to their treatment.” - Dr. Justin D. Paquette



Beverly Hills



Pasadena



Downtown Los Angeles



Riverside



Fresno



Roseville



Monrovia



Sacramento



Newport Beach



San Bernardino



Orange County



San Diego



Palm Desert



San Fernando Valley



Palmdale



Visalia

“OPERATING WITH THE GOAL OF BEING THE LEAST INVASIVE BUT THE MOST EFFECTIVE”

TESTIMONIALS “THANK YOU DR. PAQUETTE!! To all of those perspective clients who have been searching for the “Right Surgeon,” look no further because you have found him! Dr. Paquette has given me a second chance to live a quality life again, once back on October 13, 2007 and most recently, September 17, 2010...” -M.W. “Dr. Paquette and his staff are very positive. Every time I call I am able to talk to someone right away or they return my call the same day. Knowing that I can reach Dr, Paquette or his staff and get any answers I need is important to me. Dr. Paquette

spine institute 8670 Wilshire Boulevard, Suite 206 Beverly Hills, California 90211 (855) A-Z-S-P-I-N-E (297-7743) (310) 659-2915 x 107

DON’T LET SPINE RELATED PAIN STOP YOU FROM ENJOYING LIFE

HOURS OF OPERATION Monday through Friday 8:30 AM to 5:00 PM 24 Hour Answering Service Available Through Both of the Numbers Above.

has a very positive approach with his patients.

spine institute

That positive attitude from Dr. Paquette always makes me as a patient feel good...” - L.B. www.justinpaquette.com

www.justinpaquette.com

SURGERY TECHNIQUES Dr. Paquette has extensive experience in the diagnosis and treatment of complex spinal disorders of the cervical, thoracic, lumbar, sacral and coccyx regions of the body, including the spinal cord and nerves. The following are a partial list of conditions we routinely treat. If you do not see the condition that you are looking for please contact our office or visit our website for more information. • Chiari

Malformations

• Compression • Correction

of Failed Spinal Surgeries

• Degenerative

ABOUT DR. PAQUETTE Dr. Paquette completed a triple major at Vassar College in Poughkeepsie, NY after which he spent one year in post-graduate research on primate frontal lobe function at Yale University. He holds a Master’s Degree from Boston University School of Medicine with a published thesis in the early detection and treatment of Huntington’s Disease. He attended Albany Medical College where he published works on novel drug therapies for stroke treatment. He completed his neurosurgical residency at Harvard and Tufts Medical Universities followed by a complex spine fellowship at Cedars-Sinai medical Center at Los Angeles. He has been treating patients in private practice for the past six years.

Fractures – Osteoporosis Disc Disease

SURGERY TECHNIQUES AND SPECIALTIES • Artificial

Disc and Non-Fusion Technologies

• Complex

Spinal Reconstruction

• Computer

Assisted Navigation

• Endoscopic

and Laser Assisted Surgery

• Microscopic

Approaches

• Minimally • Novel

Invasive Spinal Surgery

Approaches to Spinal Fusion

• Outpatient • Scoliosis

Spinal Surgery

and Spinal Deformity Correction

• Stem

Cell Technology in Spinal Fusion and Disc Regeneration

• Hereditary

Spinal Disorders

NON-SURGICAL TECHNOLOGIES

• Herniated

Discs Cervical, Thoracic & Lumbar

• Epidural

• Hyperhydrosis

– Sweaty Palms

• Kyphosis-Forward

Spinal Imbalance

• Median

Nerve Compression – Carpal Tunnel Syndrome

• Scoliosis • Spinal

Deformities

• Spinal

Infections

• Spinal

Stenosis

• Spinal

Trauma

• Tumors

of the Spine & Spinal Cord

• Ulnar

Never Compression – Cubital Tunnel Syndrome

• Vascular

Malformations of the Spine

spine institute www.justinpaquette.com

Lumbar

Spinal Injections – Cervical Thoracic &

• Facet

Joint Injections – Cervical Thoracic & Lumbar

• Pain

Management

• Trigger

Point Injections

WE CAN HELP RELIEVE YOUR PAIN - SO YOU CAN GET BACK TO LIVING.

CURRICULUM VITAE

Justin Paquette, M.D.

8670 Wilshire Blvd. Ste. 200 Beverly Hills, CA 90211 Tel: (310) 870-7123 Fax: (310) 652-2501 ______________________________________________________________________________________________________

EDUCATION: Undergraduate:

Bachelors of the Science in Biology/Psychology and Conjunctive Science, 1989-1993 Vassar College Poughkeepsie, NY

Graduate:

Masters of Neuroscience/Neurology, 1994-1996 Boston University School of Medicine, Boston, MA Masters Thesis: 1998 Volumetric MRI, 99 M-TC HMPAO SPECT, neuropsychologic and neurologic assessment of asymptomatic gene positive Huntington’s disease patients.

Medical School:

Doctor of Medicine, 1996-2000 Albany Medical College Albany, NY

POST GRADUATE TRAINING: Internship:

Internship, General Surgery, 2000-2001 Harvard University/Beth Israel Deaconess Medical Center Boston, MA

Residency:

Neurosurgery Residency, 2001-2005 Residency Training Program Harvard/Tufts/New England Medical Center Boston, MA

Research:

Frontal Lobe Function in Subhuman Primates, 1993-1994 Dr. Goldman-Rakic, Yale University New Haven, CT

Fellowship:

Spine Surgery Fellowship, 2005-2006 Cedars-Sinai Institute for Spinal Disorders Cedars-Sinai Medical Center Los Angeles, CA

1

2/18/2015

WORK HISTORY: August 2008-Present

Neurosurgeon Paquette Spine Institute (Private practice) 8670 Wilshire Blvd Ste 200 Beverly Hills, CA 90211

June 2005-August 2008

Neurosurgeon Cedars Sinai Institute for Spinal Disorders Los Angeles, California

CLINICAL INVESTIGATION PROTOCOLS Investigator: Comparison of interater reliability on PACS scoliosis imaging and the impact on diagnosis in operative planning. Cedars Sinai Institute for Spinal Disorders, Los Angeles, CA, 2005-present. Investigator: Comparison of biomechanical parameters of biological cervical plate as compared to standard anterior cervical plates. Cedars Sinai Institute for Spinal Disorders, Los Angeles, CA, 2005-present. Investigator: Long term outcomes in complex thoracolumbar adult deformity correction. Cedars Sinai Institute for Spinal Disorders, Los Angeles, CA 2005-present. HONORS AND AWARDS 1989 Woodstock Academy Valedictorian PUBLICATIONS: 1.

Kimelberg HK, Feustel PJ, Jin Y, Paquette J, Boulos A, Keller RW, Tranmer B: Acute treatment with tamoxifen reduces ischemic damage following middle cerebral artery occlusion. Neuroreport 11(12):2675-2679, August 2000.

ABSTRACTS: 1.

Boulos A, Rutledge E, Paquette J, Yi Qiang J, Feustel P, Kimelberg HK, Tranmer B, Popp JA: Tamoxifen excitatory amino acid release in vitro and provides neuroprotections in vivo. January 31, 1999.

2.

Boulos A, Rutledge E, Paquette J, Yi Qiang J, Feustel P, Kimelberg HK, Tranmer B, Popp JA: Tamoxifen excitatory amino acid release in vitro and provides neuroprotection in vivo. American Association of Neurological Surgeons, new Orleans, LA 1999.

3.

David CA, Riesenberger R, Zerris V, Paquette J: relationship between plasma brain natriuretic peptide and cerebral vasospasm after aneurismal subarachnoid hemorrhage. Feburay 1, 2005.

CEDARS SINAI MEDICAL CENTER TALKS 1. 2. 3. 4. 5. 6. 7.

Minimally invasive spine surgery and neuronavigation History of spinal instrumentation Case presentation of ankylosing spondilitis Current state of the art in cervical spine surgery Pathology and treatment of vertebral artery Adult Idiopathic deformity Cervical Artificial disc technology 2

2/18/2015

8. Community lectures – “treatment for neck & cervical problems” 9. Community lectures – “current treatment for low back pain” 10. Ankylosing Spondilitis Association Meeting – “current surgical treatment for complex” Grand Rounds (Cedars) 1. Vertebral Artery Surgical Pitfalls and Salvages 2. Advances in Scoliosis Treatment 3. New technology in Neuro-navigation and Spine Surgery 4. Pedicle Subtraction Osteotomies 5. Motion Preservation Technologies TRAVELING INSTRUCTOR AND SPEAKER 1. 2.

Minimally invasive transforminal interbody fusion Lumbar motion preservation technology/surgeries

MEDIA INTERVIEWS/PROGRAMS 1. 2. 3.

Lifetime Network- Leon Smith story E-Entertainment- Celebrity brushes with death Boston Globe- Neurosurgical deep brain stimulation

INVITED SPEAKER JAMAICA 1. 2.

Thoracic pedicle screws (state of the art) Advances in treatment of occipital cervical meningiomas.

PRESENTATIONS Depuy Spine – West Coast Deformity Masters Meeting 1. Current Concepts 2. Difficult Cases TRAINING Depuy Spine – Posterior Cervical Training cadaver Course, Las Vegas INTRAMURAL LECTURES AND CONFERENCES Cedars-Sinai Institute for Spinal Disorders Back Pain Conference (Community Lecture), Los Angeles, CA, August, 2005. Fifth Annual Symposium on Current Concepts in Spinal Disorders, Las Vegas , NV , February 3-4, 2006 . State of the art in minimally invasive spinal surgery Neck Pain Explained: Cedars-Sinai Institute for Spinal Disorders Neck Pain Conference February 3, 2007 Surgical Indications for Interventional Injections, Sixth Annual Symposium on Current Concepts in Spinal Disorders, Las Vegas, NV, March 1-3, 2007. Surgical Workup of Lumbar Deformity: A Case Illustration, Cedars-Sinai Institute for Spinal Disorders Ankylosing Spondylitis Conference March 17, 2007

3

2/18/2015

david parker Parker, Kern, Nard & Wenzel

Employer roundtable

Mr. Parker is an attorney and shareholder with the firm of Parker, Kern, Nard & Wenzel. He is a member of the California State Bar as well as the District of Columbia, Washington D.C. Bar. His primary areas of practice include workers’ compensation and employment defense, often advising employers on cross-over employment litigation and issues ranging from reasonable accommodation to risk management and self-insurance. He earned his B.A. degree from California State University, Fullerton and his J.D. degree from University of Pacific, McGeorge School of Law. Mr. Parker has extensive experience representing clients before the Workers’ Compensation Appeals Board from discovery through trial and appeal. He has handled the defense of wide- ranging, complex workers’ compensation litigation including catastrophic multiple-party pesticide over spray claims, asbestosis cases and workers’ compensation fraud cases. Mr. Parker is a frequently requested speaker on labor, employment and workers’ compensation issues. He is currently an instructor for the Insurance Education Association and has lectured extensively on worker’s compensation fraud to the California District Attorney’s Association, a statewide organization of prosecuting attorneys. Mr. Parker is an active member of the California Workers’ Compensation Defense Attorneys Association and a former board member of the Fresno Industrial Claims Association (acting as its legal advisor). He is also a regular contributor to the Valley Ag Safety Newsletter, a publication of Valley Agricultural Services.

FRESNO

PIWC 2015

David H. Parker

Mr. Parker is an attorney and shareholder with the firm of Parker, Kern, Nard & Wenzel. He is a member of the California State Bar as well as the District of Columbia, Washington D.C. Bar. His primary areas of practice include workers’ compensation and employment defense, often advising employers on cross-over employment litigation and issues ranging from reasonable accommodation to risk management and self-insurance. He earned his B.A. degree from California State University, Fullerton and his J.D. degree from University of Pacific, McGeorge School of Law.

Focus of Practice

General Business and Corporate Matters, Employment and Workers’ Compensation Defense

Bar Admissions California, 1991

Education

J.D., McGeorge School of Law, 1991 B.A., California State University Fullerton, 1987

Professional and Civic Involvement State Bar of California

District of Columbia, Washington D.C. United States District Court, Eastern District American Bar Association - Member 2009 Fresno County Bar Association Los Angeles County Bar Association Fresno Industrial Claims Association (FICA), Former Legal Advisor, 1997-2000 Chairman, Fresno County Bar-Client Relations Committee California State Bar Delegate - 1994 to 1997 California Workers’ Compensation Defense Attorneys Association (Chairman, Membership Committee - 1996) Staff Instructor, Insurance Education Association (IEA) 1998 - Present Board Member Valley Public Radio, KVPR, April 12, 2006 Present Phi Delta Phi Legal Fraternity Former Member, California State Bar Resolutions Committee 2003 - 2005 Valley Performing Arts Council - Former Board Member

Mr. Parker has extensive experience representing clients before the Workers’ Compensation Appeals Board from discovery through trial and appeal. He has handled the defense of wideranging, complex workers’ compensation litigation including catastrophic multiple-party pesticide over spray claims, asbestosis cases and workers’ compensation fraud cases. Mr. Parker regularly advises employers on the complexities of reasonable accommodation and modification of employment as required by State and Federal statutes. He is committed to assisting employers in implementing effective safety and risk management programs to control frequency and severity of loss in the workplace. Mr. Parker has maintained a lifelong commitment to civic involvement in addition to his legal practice. He currently serves the Fresno County Bar Association as Chairman of the client relations committee and formerly served the State Bar of California as a member of the Resolutions Committee. He currently serves the community as a Board Member of Valley Public Radio, KVPR, and formerly served as a Board Member for the Valley Performing Arts Council, a non-profit organization committed to providing local grade school students with exposure to the classical performing arts. Mr. Parker is a frequently requested speaker on labor, employment and workers' compensation issues. He is currently an instructor for the Insurance Education Association and has lectured extensively on worker's compensation fraud to the California District Attorney's Association, a statewide organization of prosecuting attorneys. Mr. Parker is an active member of the California Workers' Compensation Defense Attorneys Association and a former board member of the Fresno Industrial Claims Association (acting as its legal advisor). He is also a regular contributor to the Valley Ag Safety Newsletter, a publication of Valley Agricultural Services.

martin acree Saladino’s Food Service

Employer roundtable

Marty Acree, HR Manager for Saladino’s Foodservice. Marty began the workers’ compensation part of his career when he joined Industrial Indemnity as a Loss Control Consultant in 1986. Over nearly 30 years, he has worked for carriers, brokers and employers providing safety and claims management services. Marty holds his ARM and WCCP designations, as well as a BA from Fresno Pacific and an MBA from Columbia Southern. Marty transitioned from Safety to HR with Saladino’s, and oversees all work comp claims. Marty Acree, HR Mgr 559-271-3721

FRESNO

PIWC 2015

Jan peil M V Transportation

Employer roundtable

CA Work Comp Supervisor MV Transportation

Jan Piel supervises and manages work comp claims in California for MV Transportation, one of the nation’s largest transit and paratransit companies, for the past 8 years. In California, MV has over 60 locations and approximately 8,000 employees with an average of 450 open work comp claims every year. Jan works closely with adjusters, attorneys, doctors, vendors and location personnel to ensure claims are handled swiftly and cost effectively. She has been instrumental in instituting safety policies and procedures at MV locations nationwide. She has provided training and solutions to location management on how to handle, manage and reduce claims. Before starting with MV Transportation, Jan was a Senior Adjuster with Crawford & Company/Broadspire for over 23 years. FRESNO

PIWC 2015

larry willams Hall Management Companies

Employer roundtable

Born and raised in Fresno, CA. a graduate of Clovis West High School & an attendee of Long Beach State University. I’ve been in the Safety business for the last 20 years. Starting off with being a Kern County Fire Fighter for five years, then going back into my first love, Construction. I was the Safety & Service Manager for Williams Scotsman, Inc. in both Fresno & Bakersfield, CA. where I supervised two crews of service technicians and several outside contractors. There we refurbished modular office buildings and classrooms, which were distributed all over central California. I was there for nine years. I left there and went to Alvarado Group Services where I was an inspector for Highlands Energy Services, where I followed up on crews who had weatherized homes under the contracts of PGE & SoCal Gas. I saw the need for Safety where it had been basic and/or non-existent and with my knowledge of Safety and its demands, I was promoted to Safety Director for all five of Alvarado’s companies (2 energy weatherization, 2 commercial construction and 1 residential construction). After being there for just over two years, construction diminished and business slowed down and I was laid off as were many others at the company. I was then introduced to Agriculture Labor and Earl Hall of Hall Management Companies. I’ve been working for them now for 3 years. I am the Executive Risk & Safety Director for over 20,000 employees throughout California. I’ve now found a new love in the world of Agriculture and Safety. I’ve been able to utilize my knowledge to train Safety Supervisors in the ways of Ag Safety so that they can in turn train the massive workforce that we have day in and out. My goal is to maintain a safe workplace and keep an informed workforce of the dangers that lurk within.

FRESNO

PIWC 2015

ward scheitrum Zacky Farms

Employer roundtable

Ward Scheitrum, HR/Safety Director for Zacky Farms and Lead Faculty Area Chair (LFAC) for the University of Phoenix. Ward completed an MBA at CSU, Fresno and his DBA at Walden University. He holds the following designations; ARM, CSP, CPEA, SPHR-CA, CSMS, and CPEA. Ward has worked in Worker’s Compensation and Loss Control since 1983. He is a lead faculty instructor for University of Phoenix and teaches business (Bachelors and MBA level classes). Ward served as President for the American Society of Safety Engineers and President for the Central Valley Safety Society. Ward also served as President for the Central California SHRM and was the State Director for the California State Council of SHRM.

FRESNO

PIWC 2015

AOE/COE INVESTIGATIONS Too many questions and not enough time? Our skilled claims investigators know that you want more than just a recorded statement — you want an investigation with the right questions asked and the facts revealed. Allow the APEX Claims Team to take care of your AOE/COE investigations so that you can sit back, relax, and know that everything you need is being handled the correct way, the first time around. Standard AOE/COE investigations include: Preliminary background report

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Document signing with provided notary

Detailed investigation report with pertinent files attached (original documents mailed) Direct communication with investigator

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SURVEILLANCE INVESTIGATIONS Effective investigations start with communication and at APEX, communication never stops. Our surveillance investigators continually stay in contact with in-office and support staff to ensure that all investigative needs are met. When you allow APEX to handle your surveillance needs, you can expect that our investigators have the experience, training, and excellent communication skills necessary to conduct a superior investigation. Standard surveillance investigation services include: Preliminary background report

In addition to standard surveillance investigations, our investigators can also assist with:

Daily case updates

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Access to CaseLink, giving you the ability to view case materials 24/7

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14-day turnaround 24-hour rush case handling, when needed GPS-tracked investigators Nationwide coverage Our commitment to quality, including clear, steady video Detailed investigation report with pertinent files attached

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Workers’ Compensation Defense Law firm since 1943

Hanna Brophy is Proud to Support the PIWC Work Comp World Series

Make Hanna Brophy Part of Your Team! Workers’ Comp Defense Serious & Willful Misconduct Public Employees Retirement System (CalPERS) Labor Code Section 132a Cal OSHA Defense & Litigation Workers’ Comp Subrogation Civil Insurance Defense & Litigation 15 Offices Throughout California: Bakersfield Fresno Los Angeles Oakland Orange Redding Riverside Sacramento Salinas San Diego San Francisco San Jose Santa Rosa Stockton Van Nuys

Bakersfield Office 1800 30th Street Suite 210 Bakersfield, CA 93301 t 661-397-1212

Fresno Office 1141 West Shaw Ave Suite 101 Fresno, CA 93711 t 559-435-9823

General Information: 510-839-1180 Web Referrals & Information: www.hannabrophy.com

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Imber Court Reporters is large and experienced enough to handle all of your needs—and small enough to make you feel like you’re our only client. Relationships that last Because we’re court reporter owned and operated, we understand your needs inside and out. You’ll always receive extraordinary service and competitive rates—plus quality, accuracy and professionalism that are second to none.

Services that shine COURT REPORTING. Our reporters deliver a quality and service advantage you’ll notice from the very first assignment. More than 100 expert reporters statewide A national network covering every major metropolitan area Competitive pricing Scheduling online and by fax, phone or email Confirmation of all services the day before Depositions with full-size transcripts, condensed transcript/word index booklet and scanned exhibits Fast, on-time turnaround—even on expedited orders ° ° ° ° ° ° °

CONFERENCE ROOMS. We provide state-of-the-art conference rooms in our Valencia headquarters—and in dozens of premier locations up and down the state. Name the city—anywhere—and we’ll find and schedule the perfect room. VIDEO SERVICES. Our skilled video professionals use the latest digital technology. You can receive your legal video in any format—from standard DVD to video synchronized to transcript. INTERPRETING SERVICES. We work with the nation’s finest interpreting agencies to provide one-call service anywhere. Our interpreters are experienced and accredited in more than 140 languages. We’ll handle every detail and provide an interpreter that’s perfect for your assignment.

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Let’s get started We believe long-term relationships are the foundation of lasting success. Try us and see what it’s like to have a court reporting agency that works with you as a true partner. Tell us what you need, and we’ll deliver—every time.

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CORPORATE HEADQUARTERS Imber Court Reporters Inc. 27959 Smyth Drive Valencia, California 91355

Phone: 661.295.4678 Toll free: 800.719.3376 Fax: 661.295.4679 Web: imbercourtreporters.com

Servicing All Venues Statewide BAY AREA CONCORD OFFICE (925) 363-4380 Oakland San Francisco Santa Rosa

“Large Enough to Serve You; Small Enough to Know You” MLC specializes in Workers' Compensation Defense, Appeals and Subrogation matters, is committed to cost-effective representation and strives to provide the highest quality legal service to our clients.

SOUTH BAY SAN JOSE OFFICE (408) 315-5941 Salinas San Jose CENTRAL VALLEY SACRAMENTO OFFICE (916) 201-2450 Sacramento Stockton Redding SOUTHERN CALIFORNIA LOS ANGELES OFFICE (657) 333-0630 All venues

In today’s competitive environment, McDonald Law Corporation champions conservative fees, while maintaining our reputation for zealous advocacy, reliability and integrity.

Corporate Office – Phone: (925) 363-4380 * Fax: (925) 363-4352

WE ARE IN THE CENTRAL VALLEY 5200 N. Palm Ave., Suite 211 Fresno, CA 93704 t: 559.785.6000 f: 559.785.6001

With seven offices in California, attorneys from Michael Sullivan & Associates serves venues from Santa Rosa to San Diego. Los Angeles

Westlake Village

Inland Empire

400 Continental Blvd. Suite 250 El Segundo, CA 90245 t: 310.337.4480 f: 310.337.4486

30699 Russell Ranch Rd. Suite 200 Westlake Village, CA 91362 t: 818.338.4000 f: 818.338.4001

3602 Inland Empire Blvd. Suite C-315 Ontario, CA 91764 t: 909.694.1444 f: 909.694.1445

Orange County

San Diego

Bay Area

2100 W. Orangewood Ave. Suite 200 Orange, CA 92868 t: 714.202.3440 f: 714.202.3444

7801 Mission Center Ct. Suite 245 San Diego, CA 92108 t: 619.757.2750 f: 619.757.2755

2000 Powell St. Suite 500 Emeryville, CA 94608 t: 510.858.7777 f: 510.858.7778

sullivanattorneys.com

Why “Sullivan on Comp”? “Sullivan on Comp” is the most comprehensive treatise available on California workers’ compensation law. It is written for attorneys, claims adjusters, employers and anyone else that needs current, complete, and easily accessible information on this body of law.

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The subscription, in addition to annual written updates, includes access to “Sullivan on Comp” on WorkCompCentral, which is simply always up to date.



 

Place your order today! Call WorkCompCentral at 805.484.0333 or visit www.4ullivaO0O$PNQDPN.

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Morse, Giesler, Callister, Karlin & Hiura go beneath the surface using both intuition and investigation to ensure a satisfactory outcome. We listen to our clients and provide the legal services they expect. The partners, having over 100 years of combined workers’ compensation experience, understand the importance of providing timely and proficient service to our clients. We believe it is crucial to return phone calls promptly and respond to correspondence on a timely basis. Our file handling results in the speedy resolution of files, on average within 18 months. Morse, Giesler, Callister, Karlin & Hiura has offices in Glendale, Ontario, West Los Angeles, Orange County, San Diego, Sacramento, and the Bay Area, covering all workers’ compensation Boards statewide. Attorney caseloads are carefully monitored to be sure that premium service is provided to our clients. We know the law and how to apply it.

California Workers’ Compensation Defense Firm ·Sacramento 916-568-2800 ·San Mateo 650-378-8535 ·Ontario 909-296-4200 ·Glendale 818-649-3200 -Orange 657-235-5120 ·San Diego 858-869-2669 -West Los Angeles 818-649-3200

Fall is Here "The creation of a thousand forests is in one acorn." — Ralph Waldo Emerson

• • • • • •

Complex Care & Home Health Services Durable Medical Equipment &Supplies Transportation & Language Services Air Ambulance & Medical Escort Diagnostic Imaging Services Dental & Hearing Programs 800•553•2155

www.mtiamerica.com

FRESNO (559) 449-8170 Nancy Tholen, Managing Partner Tamanee A. Armstrong Jeffry B. Diamond Leslie E. Gomes Bryce Y. Hatakeyama Joseph A. Igoa Jere E. Mealer David R. Montano Richard L. Morris Katrina R. Pickett Brock L. Roverud BAKERSFIELD (661) 328-0224 Bruce Wade, Senior Managing Partner Pamela L. Goe Andrea L. Lopez Tara H. Morse Kenneth W. Scott STOCKTON (209) 476-8491 Paula White, Senior Managing Partner Maribeth Arendt Jeremiah J. Brasher H. Nila Dhugga James N. Fischer Lawrence R. Moore Timothy C. Nelson Amy E. Olson Amber D. Price Mary Anne Violanti CHICO (530) 243-1133

[Since 1949]

Law Offices of Mullen & Filippi, LLP  The Leader in Worker’s Compensation Defense Law MAIN AREAS OF PRACTICE Mullen & Filippi is proud of the legal services it provides to public and private employers, insurance carriers, and third party administrators in a variety of practice areas, including: Workers' Compensation, Employment Law, Subrogation, Third-Party Liability Defense Claims and the coordination of multi-forum litigation. WORKSHOPS Our thorough and timely workshops are valued by industry insiders throughout California - and available in your office to save time and resources.

LOS ANGELES (310) 606-8805

SEMINARS

OAKLAND (510) 444-1532

Mullen & Filippi is committed to providing relevant information to all California employers and insurers who have a vested interest in workers' compensation law. We are known throughout the state for having extensive educational seminars, held in northern and southern California, at least three times a year. These are attended by a lengthy who's who list of industry managers and specialists. We also conduct customized on-site workshops not just for clients, but for any stakeholder in the workers' compensation community.

ORANGE (714) 221-8336 REDDING (530) 243-1133 RIVERSIDE (951) 823-8858 SACRAMENTO (916) 442-4503 SAN DIEGO (619) 961-1193 SAN FRANCISCO (415) 835-7540 SAN JOSE (408) 287-3831 SANTA ROSA (707) 542-4600 VAN NUYS (818) 780-0400

WEB SITE - Visit us today at www.mulfil.com Our Web site has become an important destination for perusing current and critical information in the field. You will find plenty of articles, briefs, legal links – even a powerful compensation calculator. Mullen & Filippi – for more than 65 years, the California leader in workers’ compensation law.

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A Fully Integrated Service Approach A comprehensive solution to simplify the integration of services for complex claims.

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PCS Nurse Case Manager

Injured Worker PCS Care Coordinator

Treating Physician

Nurse Case Manager collaborates with all parties to seamlessly execute the treatment plan

DME Home Health Diagnostic Imaging Modifications Transportation & Translation Pharmacy TOLL FREE: 866-932-5779 PRIORITYCARESOLUTIONS.COM

SIERRA VALLEY MEDICO, INC. LOCATIONS & PROVIDERS  

  7033  N.  Fresno  St  Suite  201,  Fresno,  CA  93720  (559)  435-­‐5581   2020 17th Street, Suite 2016, Bakersfield, CA 93301

(661) 322-4101 3351 “M” Street, Suite 230, Merced, CA 95348 (209) 383-4485 1400 Florida Avenue, Suite 108, Modesto, CA 95351 (209) 523-5581 300 E. Mineral King Avenue, #110, Visalia, CA 93291 (559) 734-3931 10 Harris Court St. A1, Monterey, CA 93940 (800) 800-0667 860  Oak  Park  Blvd.  #201,  Arroyo  Grande,  CA  93420        (805)  543-­‐5581   620  California  Blvd.,  #Q,  San  Luis  Obispo,  CA  93401   (805)  543-­‐5581   1200  N.  Ventura  Road,  Suite  F,  Oxnard,  CA  93030   (800)  800-­‐0667   8929 University Cntr Ln # 207, San Diego, CA 92122 (800) 800-0667

Harvey L. Alpern, M.D. - Internal Medicine John G. Dallas, M.D. – Orthopaedic Mark Howard, M.D – Orthopaedic Jeffrey M. Lundeen, M.D. – Orthopaedic Alice Martinson, M.D. – Orthopaedic Mohinder Nijjar, M.D. – Orthopaedic David G. Surdyka, M.D. – Orthopaedic

John-Paul Beaudoin, M.Div.,Ph.D,- Psychology Scott A. Graham, M.D. – Orthopaedic Michael G. Klassen, M.D. – Orthopaedic Craig R. MacClean, M.D. – Orthopaedic Ernest B. Miller, M.D. – Orthopaedic Lee J. Piatek, M.D. – Orthopaedic Shen Ye Wang, M.D. – Neuropathology

*** ANOTHER NEW OFFICE *** 1505 SHEPARD DRIVE SUITE 204 SANTA MARIA, CA 93454

 

 

• Lien  defense  from  MPN  Control  to  IBR  disputes   • Lien  negotiation  &  resolution     • Bill  Review   • Certified  Expert  Witness     • Walk  through  Services     Our  hearing  representatives  are:   -­‐Denise  Wright   -­‐Donna  Soto    

 

 

 

 

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  [email protected]  

Representing Employers in Workers’ Compensation Cases Fresno

Bakersfield

Stockton

Bishop

Oakland

Sacramento

Salinas

San Jose

San Luis Obispo

Santa Barbara

“The aggressive problem-solving tactics utilized by Yrulegui & Roberts are very effective in reducing our workers’ compensation costs. “ Chris Elliott, Claims Manager - Harris Ranch

5250 N. Palm Avenue, Suite 402 Fresno, CA 93704 (559) 222-0660 • Fax (559) 222-2880 www.rjylaw.com

Workers’ Compensation Defense Subrogation Serious & Willful Misconduct 132a Employer Defense and Cal OSHA Defense

To avoid delays on “O” Street please use alternate exits on Tulare Street or Van Ness Avenue from Highway 41 *Parking fees may vary per parking lot.

Tulare St. Exit From Hwy 41

Santa Fe Ave

City Hall

5

6

4

Premiere Event Parking

Convention Saroyan Center Theatre

3

Valdez Hall

9

N St.

Selland Arena

Double Tree Hotel Mono St.

Inyo

Tulare St.

Kern

8 Fresno St.

1

2

Chukchansi Park

L St. Van Ness Ave. From Hwy 41

Broadway St.

H St.

Capacity

Parking Management

1- Premiere Event Parking FCEC Parking Lot 2- Premiere Event Parking City of Fresno Garage 3- Double Tree Hotel Garage 4, 5 & 6- Civic Center Square Lots 7- Pavilion Parking Lot 8- Tower Garage

“O” Street

485

Fresno Convention & Entertainment Center

559.445.8100

“O” Street & Inyo Street

1500

SP+ Parking

559.264.2425

“L” Street

300

Double Tree Hotel

559.268.1000

Inyo Street

300

Civic Center

559.485.4700

“N” Street

470

ABM

559.264.5648

“L” Street

100

SP+ Parking

559.264.2425

9- Spiral Garage

Inyo Street

591

SP+ Parking

559.264.2425

Parking Operator

559.252.6464

Parking Meters

559.621.7275

Highway Exits:

Entrance

M St.

Fulton St. From Hwy 99

Parking

O St. From Hwy 41

Ventura Ave.

Capitol

7

P St.

Phone

Southbound Highway 41: Tulare Street; “O” Street; Van Ness Ave Northbound Highway 41: Van Ness Ave Southbound or Northbound Highway 99: Ventura Ave

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