Following a job-related injury, a workers’ compensation claim is generally the sole legal remedy that an employee has against their own employer. However, in California, there is the big exception of the accident caused by “serious and willful” misconduct on the part of the employer. Under California Labor Code § 4553, an injured worker can […]
Monthly Archives: September 2023
Employers in California are legally required to provide no-fault workers’ compensation insurance coverage for their staff. When someone is hurt on the job, they have the right to file for workers’ compensation benefits without fear of facing retribution. This raises an important question: What rights do employers have when an employee files a fraudulent workers’ […]
What happens if an employer or insurer overpays workers’ compensation benefits in California? It is something that can happen for a wide range of different reasons. The short answer is that California has a process in place that allows parties to petition for credit of an overpayment. Here, our Fresno workers’ compensation defense law firm […]
In early July 2023, the Supreme Court of California released an important decision in the case of Kuciemba v. Victory Woodworks, Inc., No. S274191. The state’s highest court determined that an employer was not liable for the COVID-19 illness contracted by the spouse of one of its employees. The decision has important implications for workers’ […]