Due to the current COVID-19 pandemic, to keep up with reality on the ground, legislative changes are proposed and made to our workers’ compensation system in real time. This article discusses some changes that have already been implemented; and discusses some of the proposed legislation in direct response to the current health crisis. Here at […]
Read More… from COVID-19 Pandemic and Workers’ Compensation – What You Need to Know – Part I
The California Legislature has approved Senate Bill Number 542 (hereinafter “SB 542”), which adds a new presumptive injury to the cadre of other presumptions in the Labor Code for sworn safety officers who work for a qualifying public employer in the State of California. This Bill permits the filing of presumptive post-traumatic stress injuries for […]
Labor Code section 4458.5 states: “If a member suffers ‘an injury’ following termination of active service, and within the time prescribed in Sections 3212, 3212.2, 3212.3, 3212.4, 3212.5, 3212.6, 3212.7, or 3213, then irrespective of his remuneration from any post active service employment, the average weekly earnings for the purposes of determining temporary disability indemnity, […]
A recent decision from the California Supreme Court has changed the calculus for determining what constitutes an independent contractor versus an employee with effects that may reach into the workers’ compensation realm. Dynamex Operations West v. Superior Court, 4 Cal. 5th 903, involves a same-day courier service that reclassified their drivers as independent contractors in […]
In the last few years, many practitioners have seen an influx in Petitions for Determination of Non-IBR Medical-Legal Disputes pursuant to Title 8 California Code of Regulations ยง10451.1, filed by copy service providers, interpreters, diagnostic service providers, and treating physicians. By filing such a petition, medical-legal providers are not obligated to file a lien or […]
Read More… from Identifying & Handling Non-IBR Medical-Legal Expense Petitions
The Workers Compensation Appeals Board issued an en banc decision on May 10, 2019 regarding what constitutes a catastrophic injury pursuant to Labor Code 4660.1(c)(2)(B) in the case of Kris Wilson v. State of Ca Cal Fire, 84 Cal.Comp. Labor Code 4660.1(c)(1) states that there shall be no increases in impairment ratings for sleep dysfunction, […]
Read More… from When is an Injury “Catastrophic” to Allow for Increased Impairment?
The issue was addressed in a September 2017 WCAB Panel decision in the matter of Belinda Go v. Sutter Solano Medical Center (2017) Cal.Wrk.Comp.P.D. LEXIS 412. The case was later appealed and the writ denied by the Court of Appeal, First Appellate District in January 2018, 83 Cal.Comp.Cases 381. The result in this noteworthy Panel […]
In 2004, Senate Bill 899 was passed, altering many aspects of the previous workers’ compensation scheme in California. The changes included abolishment of vocational rehabilitation in favor of a Supplemental Job Displacement Benefits (SJDB) voucher to help pay for educational retraining or skill enhancement at state-approved or state-accredited schools. In practice, an applicant’s right to […]
Read More… from Settlement of Supplemental Job Displacement Benefits Voucher in Post 1/1/13 Cases
In the matter of Newland v. County of Los Angeles (2018), the California Court of Appeal clarified the Required Vehicle Exception to the going and coming rule. While the decision itself focused on an employer’s vicarious liability for an injury caused to a third-party by one of its employees during the employee’s commute home from […]
Read More… from Going and Coming Rule – Required Vehicle Exception
This case was the topic of much discussion at the CAAA convention in January of 2018. Applicant’s attorneys contend that this case changes the apportionment landscape and are hailing it as a landmark case. SUMMARY OF CASE To summarize, the applicant, Maureen Hikida, worked in a clerical capacity for Costco Wholesale Corporation for 16 years. […]