Monthly Archives: January 2021

THREE STEPS EMPLOYERS CAN TAKE TO AVOID SERIOUS AND WILLFUL MISCONDUCT LIABILITY

A workers’ compensation claim is typically the exclusive remedy that an injured employee has against an employer. However, California Labor Code § 4553 provides an exception in cases of ‘serious and willful misconduct’ (S&W) by an employer. The general rule is that an employee’s total workers’ compensation award may be increased by as much as […]

WORKERS’ COMPENSATION DEFENSE IN CALIFORNIA: WHAT DOES IT MEAN TO DEVELOP THE RECORD?

California has strict rules and procedures in place for workers’ compensation disputes. At a workers’ compensation trial, a judge has the authority to develop the record. You may be wondering: What does it mean to develop the record in a workers’ compensation case? The short answer is that it means the judge is seeking additional […]