Electronic Waveform Lab v. EK Health Services CA2/5

I. INTRODUCTION

Legislation enacted in the last decade has made significant changes in the process by which disputes over medical treatment plans for injured workers covered by California’s workers’ compensation statutes are resolved. This process, commonly referred to as utilization review (UR), now requires that all decisions on such claims be made by physicians with prescribed training who follow procedures established by statute. This case addresses whether UR is an “official proceeding” within the meaning of Code of Civil Procedure section 425.16, subdivision (e)(2) (the anti-SLAPP statute [SLAPP is the abbreviation for strategic lawsuit against public participation])1 and whether the trial court correctly resolved the motion to dismiss under that statute filed by defendant State Compensation Insurance Fund (State Fund). That motion alleged that two causes of action in the first amended complaint filed by plaintiff Electronic Waveform Lab, Inc. (Waveform), arise out of official proceedings and constitutionally protected activity of State Fund. We conclude that these allegations do not “arise from” official proceedings within the meaning of that term in section 425.16,…