If a bank is open on Saturdays, how long for a paper check to clear?
In order to dispute a request for medical treatment, an employer must conduct a utilization review.If an injured worker challenges a UR determination to deny or modify a request for treatment, they must request an independent medical review from an organization contracted by the administrative director.It is not subject to an IMR if the determination is late.The WCAB may make the determination of medical necessity.Dubon v. World Restoration, Inc.It's important for employers to conduct their URs in a timely manner.
Labor Code 4610(i)(1) states that an employer must make aUR determination five working days after receiving a request for authorization for medical treatment.If more information is required, this time will be extended to 14 days.The request for authorization must be received by the employer within five business days.There is a California Code of Regulations Title 8.
Employers usually understand the five working day limit in 4610(i)(1) to exclude weekends and holidays.Recently, injured workers and their attorneys have begun to argue that Saturdays are business days.
The case of California Department of Correction and Rehabilitation Parole and Community Services was cited by injured workers.The case didn't hold that Saturdays were working days.The Friday after Thanksgiving was a working day.The WCAB concluded that "working day" and "business day") have the same meaning, and that the provisions of LC 4600.4 control the determination of whether a day is a normal business day.
The 4th District Court of Appeal did not grant a writ of review.It agreed that 4600.4 was applicable to the determinations.Normal business day is defined in Section 9 of the Civil Code.The court stated that the Civil Code defined a "business day" as any day other than Sundays and holidays in the Government Code of the State of California.The holidays observed by the WCAB and California courts are not holidays for the state as a whole, according to the court.The Labor Code did not intend to exclude these holidays from its definition of working days.
The argument that Saturdays are business days has been fueled by these statements.Gomez didn't specifically address the issue.Gomez is not binding because the 4th District Court of Appeal denied review.
Civil Code 9 states that "all other days than those mentioned in Section 7 are business days for all purposes."Civil Code 7.1 states that there are optional bank holidays.
Saturdays would not be business days for the purposes of UR if Civil Code 7.1 applies.Saturday could be considered a business day if it does not.If the Legislature intended to define "working days" by only Civil Code 7, it could have referred to that section.Instead, it refers to 9.Bank holidays, including Saturdays, are not business days.
"If the last day for exercising or performing any right or duty falls on a weekend or a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next."According to the regulation, Saturdays are not considered business days in the workers' compensation system.
The DIR tells administrators on its website that Saturdays are not business days."Saturday and Sunday are not counted as business days, and therefore receipt of requests on a weekend or a holiday does not count as a receipt until the next business day," the website states.The Saturday, Sunday or holiday are not counted as business days, so continue the count on the next business day.When a calendar day deadline falls on a Saturday, Sunday or holiday, the count moves to the next day.[2]
Business days do not include Saturdays or Sundays according to the WCAB.See for example Binger v. Integrated Office Systems.Wrk.Comp.P.D.Castrillo v. Catholic Health Care West was filed in 2012 in California.Wrk.Comp.P.D.The case was brought against the Newhall Memorial Hospital.Wrk.Comp.P.D.Tolliver v. county of fresnoWrk.Comp.P.D.Sephers v. the county fair of cal.Wrk.Comp.P.D.LEX IS 295.None of the cases considered the issue or application of LC 4600.4.
Employers have strong arguments against it, but the issue of whether Saturdays are working days is open.The workers' compensation system would be affected if the WCAB determined that Saturdays are working days.Thousands of UR determinations could be deemed late.It's reasonable to think that the WCAB will issue a definitive opinion on this issue.
The WCAB should only apply its decision if the appeals board finds that Saturday is a working day."Although as a general rule judicial decisions are to be given retroactive effect, there is a recognized exception when a judicial decision changes a settled rule on which the parties below have relied."There are considerations of fairness and public policy.Claaxton v. Waters was filed in 2004.The citations were omitted.