Appeals Court to Hear Challenge to Limit on Chiropractic Care

For more than four years, Labor Code Section 4604.5(d)(1) has denied injured workers' constitutional right to necessary medical care by limiting chiropractic care, occupational therapy, and physical therapy visits to 24 visits per industrial injury for injuries after January 1, 2004.

Relief may be on the way. In May, California's 1rst District Court of Appeal will hear a challenge to the 24-visit cap. Attorneys for Jose Facundo-Guerrero will argue that the limit on chiropractic care violates a provision of the State Constitution guaranteeing injured workers access to all medical care necessary to cure and relieve from the effects of their injuries.

The Workers' Compensation attorneys at Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP are working with the statewide California Applicants' Attorneys Association (CAAA) on a legal brief supporting Mr. Facundo-Guerrero's challenge.

Governor Arnold Schwarzenegger recently signed a bill loosening the restriction on the 24 visit cap for post-surgical workers injured after January 1, 2008, but his administration has not released regulations implementing the new law.

We will keep you informed of future developments in this historic case.