The California 1st District Court of Appeal has granted review of a constitutional challenge to the hard 24-visit cap on chiropractic care and physical therapy imposed by the 2003 reforms.

In Jose Faccundo-Guerrero v. Workers' Compensation Appeals Board (Nurserymen's Exchange), the petitioner charges that the cap put in place by Labor Code Section 4604.5(d)(1) contravenes a provision in the state constitution that mandates a "full provision" of medical care to "necessary to cure and relieve" an injured workers' industrial injury.

The 1st District Court of Appeals granted writ of review despite objections by the employer's carrier, Argonaut Insurance Co. Seven chiropractors sought to file amicus briefs urging the court to grant review, but the court sent the letters back. The justices said such friend-of-the-court filings may be appropriate for the state Supreme Court, but not on a first appeal.

The 24-visit cap put in place by Senate Bill 228 in 2003 is at the heart of the challenge. Legislation passed last year softened the cap by allowing more visits for post-surgical patients if additional care is called for by new guidelines to be adopted the Division of Workers' Compensation. But claimants injured before adoption of the new law are still bound by the rigid 24-visit limit on chiropractic care and physical therapy visits.

To view the applicant, Jose Faccundo-Guerrero's petition for writ-of-review,
Click Here.

To view the respondent, Argonaut Insurance Company's answer, Click Here.