Monthly Archives: June 2021

WORKERS’ COMPENSATION WATCH: APPEALS BOARD APPROVES BENEFITS FOR WORKER INJURED DURING ‘UNAUTHORIZED’ ACTIVITY

On May 20th, 2021, the Workers’ Compensation Appeals Board for the State of California (Sacramento District Office) issued a decision in the workers’ compensation claim of Alex v. All Nation Security Services, Inc.. In ruling in favor of an employee, the WCAB relied on previous case law on injuries that occur during so-called ‘unauthorized’ activities. […]

CALIFORNIA LABOR CODE SECTION 132(A): WORK INJURIES, MEDICAL TREATMENT, AND SICK LEAVE BENEFITS

When someone is hurt on the job in California, they have a right to file a workers’ compensation claim to seek medical coverage and wage replacement benefits. An employer is strictly forbidden from taking any adverse action against an employee who is exercising their right to file a claim. An employee cannot be fired, discriminated […]

THE EVER-CHANGING MEDICAL LEGAL-FEE SCHEDULE

From time to time the DWC feels the need to intervene in not only how the workers’ compensation system is running but also, how people get paid in the workers’ compensation system. What that usually means as defendants, employers and third-party administrators is more work, and sometimes there is no cost savings. The DWC has […]

CALIFORNIA WORKERS’ COMPENSATION DEFENSE: LABOR CODE SECTION 3208.3 AND “SUDDEN AND EXTRAORDINARY” CLAIMS

Under California law, an employee may bring a workers’ compensation claim for a mental or emotional injury. Under California Labor Code Section 3208.3, a “psychiatric injury shall be compensable if it is a mental disorder which causes disability or need for medical treatment” and certain other criteria are satisfied. Under the statute, employees are generally […]

WORKERS’ COMPENSATION FRAUD

In California, businesses, non-profit organizations, and legal entities are required to provide no-fault workers’ compensation insurance coverage to their employees. When someone is hurt on the job, they can pursue a workers’ compensation claim. Unfortunately, not all employees play by the rules. Workers’ compensation fraud remains a significant problem in our state. The California legislature […]