CA Cap on Chiropractic Treatment Survives Court Challenge

June 4, 2008 ( - A state appeals court has ruled that California's 24-visit cap on chiropractic treatments for workers compensation injuries is constitutional.

According to Business Insurance, the appeals court upheld the Workers’ Compensation Appeals Board’s (WCAB) decision finding that the state’s legislature had the authority to limit chiropractic treatments as part of California’s 2003 workers comp reforms.

Jose Facundo-Guerrero challenged the limit after he received 76 chiropractic treatments for an undisclosed injury while working for Nurserymen’s Exchange but the Workers’ Compensation Appeals Board determined he was entitled to benefits for only 24 of the treatments. Facundo-Guerrero appealed on constitutional grounds, but the WCAB said it lacked authority on constitutional matters and turned to the appeals court, Business Insurance said.

Among other things Facundo-Guerrero claimed the cap violates a constitutional mandate for a workers comp system that fully treats injuries, and that giving employers sole authority to approve benefits for more than 24 chiropractic visits denied him due process.