Good news: Court upholds limits on employee visits to chiropractors — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Good news: Court upholds limits on employee visits to chiropractors

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Good news for employers that ultimately bear the cost of workers’ compensation insurance and medical treatments: The Court of Appeal of California has refused to overturn legislation that limits the number of chiropractic treatments an employee can receive for any one industrial accident.

Recent case: José Facundo-Guerrero received 76 chiropractic treatments following an industrial injury he suffered while working for the Nurserymen’s Exchange. The company’s insurance carrier refused to pay for more than the first 24 treatments, and the Workers’ Compensation Appeals Board agreed with the carrier.

Facundo-Guerrero appealed. He argued that back when the California Constitution was amended to set up a workers’ compensation system, the amendment took away the Legislature’s ability to limit the rights of injured workers to get medical treatment. That, he reasoned, means that when the Legislature passed a law limiting chiropractic treatments to 24 per injury, it acted unconstitutionally.

The Court of Appeal rejected that argument and said the Legislature was free to set requirements for receiving workers’ compensation, including treatment limits. (Facundo-Guerrero v. WCAB, Nurserymen’s Exchange, et al., No. A119814, Court of Appeal of California, 2008)

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