Monthly Archives: July 2023

CALIFORNIA WORKERS’ COMPENSATION AFFIRMATIVE DEFENSE: EMPLOYEE INTOXICATION

California requires employers that operate in the state to provide no-fault workers’ compensation coverage. When an employee is hurt on the job, they can claim workers’ compensation benefits—regardless of whether or not their employer bears any responsibility for their injuries/illnesses. However, an employee hurt on the job due to their own intoxication may be denied […]

CALIFORNIA STEPPING UP THE FIGHT AGAINST MEDICAL PROVIDER FRAUD IN THE WORKERS’ COMPENSATION SYSTEM

According to a report from the Insurance Journal, California regulators are stepping up the fight against insurance fraud—especially workers’ compensation fraud committed by medical providers. California Insurance Commissioner, Ricardo Lara, has announced more than $50 million in insurance fraud prevention grants to 34 District Attorneys’ (DA) offices across the state. Notably, a significant portion of […]

REPORT: $15 BILLION IN TOTAL WORKERS’ COMPENSATION LOSSES AND EXPENSES FOR INSURANCE COMPANIES IN 2022

On June 29, 2023, the Insurance Journal reported that the total workers’ compensation-related expenses and losses incurred by insurance companies in California in 2022 is approximately $15 billion. The full report was put together by the Workers’ Compensation Insurance Rating Bureau of California (WCIRB). California state law mandates that workers’ compensation insurers provide comprehensive financial […]

WORKERS’ COMPENSATION DEFENSE IN CALIFORNIA: UNDERSTANDING THE DEFENSE BASE ACT

California state law requires private employers to ensure that they obtain no-fault workers’ compensation insurance coverage for their employees. For private employers that deal directly with the federal government—specifically those in California that provide services to military bases—there are other laws that can also impact their responsibilities. Military contractors in California that provide services to […]

SHOULD AN EMPLOYER SETTLE A SERIOUS AND WILLFUL MISCONDUCT CLAIM?

While a workers’ compensation claim is generally the sole legal remedy that injured workers have against their own employer in California, there is an exception for harm caused by “serious and willful misconduct.” An employer facing this type of claim may be weighing the risks of negotiating a settlement versus raising a zealous defense. In […]

WHAT SANCTIONS WILL A CALIFORNIA EMPLOYER FACE FOR A VIOLATION OF LABOR CODE SECTION 132(a)?

California has some of the strongest and most comprehensive legal protections for injured workers in the entire country. Under California law (Labor Code § 132(a)), all employees covered by workers’ compensation have a right to file for benefits. An employer cannot lawfully discriminate against them, retaliate against them, or otherwise take adverse action against them […]

HOW DO SMALL BUSINESSES GET WORKERS’ COMPENSATION INSURANCE COVERAGE IN CALIFORNIA?

Small companies are the backbone of the California economy. According to data from the Small Business Administration (SBA), there are 4.2 million small businesses actively operating in California. Under state law (Labor Code § 3700), all small businesses are required to provide no-fault workers’ compensation coverage As a small business owner or operator, you may […]