Employee’s Claims Over Utilization Review Preempted, California High Court Says

Mealey's (September 10, 2018, 8:19 PM EDT) -- SACRAMENTO, Calif. — The Workers’ Compensation Act preempts negligence claims against a utilization reviewer who deemed a Klonopin prescription unnecessary for an employee with a back injury but failed to warn that abruptly stopping the use of the drug could have dangerous side effects, the California Supreme Court ruled Aug. 23.  Because utilization reviewers work on behalf of employers, the workers’ compensation statute provided the exclusive remedy for the employee’s injuries, it said, affirming a lower court decision (Kirk King, et al. v. CompPartners Inc., et al., No. S232197, Calif. Sup., 2018 Cal. LEXIS 6268)....