Landmark Win for Rights of Injured Workers in California 

In a major victory for injured workers, a groundbreaking Workers’ Compensation Appeals Board (WCAB) panel decision confirmed that Californians have the right to use medical reports from their treating doctors in their Workers’ Compensation claims. This right is supported by long-standing, binding precedent from the Supreme Court of California’s decisions in the McCoy and Valdez cases, as well as statutory law -specifically section §4060 of the Labor Code. Nyman Turkish’s own, Brant Bruner, Esq., Workers’ Compensation Practice Chair & Senior Counsel, spearheaded the case.

In this recent case, Tiller-Kelley v. Sacramento Unified School District, the WCAB confirmed something very important: if a workers’ comp claim is denied, the medical reports from the primary treating physicians appointed by the injured worker can still be used as evidence and reviewed by the state-assigned Qualified Medical Evaluator(s) (QME(s)) in the case.  

The Defendant in Tiller-Kelley wanted to claim that treating doctor’s evaluation reports should not be considered by neutral doctors during the evaluation process, yet these are specifically allowed in California. Insurance companies and defense attorneys have spent decades trying to stack the deck against injured workers. 

When Brant and our Firm learned of this improper challenge, we had to act. His efforts helped secure the rights for Workers’ Compensation claims now and in the future. This win will hopefully spark a change in Workers’ Compensation all over the state and help level the playing field for injured workers. 

The Impact 

Some insurance companies have been trying to block these reports from being admitted as evidence by misusing the regulation that sets forth the duties of treating doctors, CCR §9785, which was never intended to limit evidence in denied claims. This rule is meant to ensure doctors in defendants’ medical networks follow the rules in accepted claims where the insurance company controls medical treatment — not to limit medical evidence in denied claims, where medical care is arranged independently of the insurance company. 

The WCAB clarified in Tiller-Kelley v. Sacramento Unified School District that treating physician reports from injured workers’ doctors are admissible and cannot be disregarded based on insurers’ interpretations of CCR §9785. This is a pivotal win for injured workers and helps protect their right to present medical evidence to support their claim of injury — even when their claim is initially denied. 

“While this is a strong step in the right direction, we’ll likely continue to see these improper challenges until the WCAB issues a binding en banc decision that shuts this frivolous delay tactic down for good. Until then, I will keep fighting to protect the rights of injured workers and challenging unfair decisions that stand in the way of the benefits injured workers are entitled to under the law. At Nyman Turkish, I’m proud to lead a team that is relentless in pursuing every legal avenue to secure the best possible outcomes for our clients.” – Brant Bruner, Workers’ Compensation Practice Chair & Senior Counsel at Nyman Turkish

Although this decision isn’t binding in every case yet, it’s a critical step toward stopping insurance companies from delaying or unfairly fighting valid claims. Because of this ruling, attorneys now have stronger grounds to argue for the inclusion of medical reports from clients’ own treating doctors. 

Fierce Advocacy 

When an adversary or judge sees that someone is represented by our Firm, we want them to immediately recognize that they’re up against the best — because they are.  We are the most dedicated, skilled team ever assembled to fight for the injured and disabled in America. While this landmark decision marks important progress, challenges remain. At Nyman Turkish, we’re committed to pushing for broader, lasting change for the people we serve.