Monthly Archives: May 2022

FIVE POTENTIAL PENALTIES AN EMPLOYER COULD FACE FOR FAILURE TO OBTAIN WORKERS’ COMPENSATION INSURANCE IN CALIFORNIA

California has a mandatory workers’ compensation law in place. Under California law (Labor Code § 3700), all businesses and organizations that have employees in the state must meet this requirement. An employer that is uninsured in violation of California’s workers’ compensation law can face significant sanctions. In this article, our Bakersfield workers’ compensation defense attorney […]

HOW TO DEFEND SERIOUS AND WILLFUL MISCONDUCT CLAIMS IN CALIFORNIA (BE READY FOR THESE TWO EMPLOYEE ARGUMENTS)

A no-fault workers’ compensation case is typically the only remedy that an injured worker has against an employer. However, under California Labor Code § 4553, there is an exception for cases in which an employee is injured due to “serious and willful misconduct” by an employer. Employers found liable for serious and willful misconduct can […]

WORKERS’ COMPENSATION DEFENSE: WHAT CONSTITUTES ‘RETALIATION’ UNDER LABOR CODE 132(A)?

All employees in Monterey County and anywhere else in California are required to obtain and maintain workers’ compensation insurance coverage. If an employee is hurt on the job, they have a right to file for no-fault workers’ compensation benefits through their employer’s policy. Under California Labor Code 132(a), employers are barred from retaliating against an […]

CALIFORNIA REGULATORS RELEASE UPDATED COVID-19 EMERGENCY QME RULES FOR 2022

On January 18, 2022, the California Division of Workers’ Compensation (DWC) announced that updated COVID-19 related emergency regulations for Qualified Medical Evaluations (QMEs) are taking effect. The latest round of emergency regulations are set to last until July 19, 2022—with two separate 90-day extensions possible if deemed necessary. In this article, our Fresno workers’ compensation […]

TWO CALIFORNIA BUSINESS OWNERS CHARGED IN $4.5 MILLION WORKERS’ COMPENSATION FRAUD SCHEME

According to a report from Insurance Journal, two California business owners—a married couple named Wei Wen Wu, and Feng Wen Lam—are facing dozens of counts of workers’ compensation fraud. Authorities allege that the business owner couple defrauded private insurance companies and the California state fund out of nearly $1.7 million by underreporting payroll for more […]