Monthly Archives: September 2020

WORKERS’ COMPENSATION: WHAT CONSTITUTES SERIOUS AND WILLFUL MISCONDUCT BY AN EMPLOYER?

In California, employers are legally required to provide workers’ compensation insurance for their employees. In most cases, a workers’ compensation claim is an injured employee’s sole legal claim against the company. However, there are some limited exceptions to the rule. Under California Labor Code section 4553, an employee or surviving dependent can seek additional compensation […]

NEARLY 15,000 WORKERS’ COMPENSATION CLAIMS FILED IN CALIFORNIA FOR COVID-19 EXPOSURE THROUGH JUNE 30, 2020

The coronavirus (COVID-19) continues to affect communities throughout the country. The California Department of Public Health reports that more than 525,000 COVID-19 cases have been confirmed in the state as of August 5, 2020. Despite sanitizing efforts, the virus may be transmitted almost anywhere, including in the workplace. Recently, the California Workers’ Compensation Institute (CWCI) […]

POST-TERMINATION DEFENSE AND THE CUMULATIVE TRAUMA CLAIM

by Ricky Halladay Have you ever received notice of a workers’ compensation claim by an injured worker after they were terminated from employment? This is not a unique situation, and in fact, occurs more often than one would think. Labor Code section 3600(a)(10) states, when the claim for compensation is filed after notice of termination […]