Author Archives: Joseph Yrulegui

UNDERSTANDING THE NEW WORKERS’ COMPENSATION REQUIREMENTS FOR LICENSED CONTRACTORS IN CALIFORNIA

According to a report from Property Casualty 360, California is starting to implement a new law in 2023 that will require all licensed contractors—even those without employees—to have workers’ compensation coverage by 2026. Currently, all employers in California that have employees are required to have no-fault workers’ compensation coverage. Here, our Fresno workers’ compensation defense […]

HOW TO DEFEND A POST-TERMINATION PSYCH INJURY WORKERS’ COMPENSATION CLAIM IN CALIFORNIA

Imagine that a worker is fired, laid off, or otherwise terminated by your company. What happens if that former employee, then turns around and files for workers’ compensation benefits on the grounds that they sustained a “psychiatric injury”—post-traumatic stress disorder (PTSD), anxiety, depression, etc.—while working for your business or organization? California law allows employers to […]

WORKERS’ COMPENSATION DEFENSE IN CALIFORNIA: SHOULD AN EMPLOYER CONSIDER SETTLING A SERIOUS AND WILLFUL MISCONDUCT CLAIM?

Workers’ compensation insurance provides an important form of legal protection for companies and organizations. An employee cannot sue an employer for a job-related injury. However, a specialized section of California law (Labor Code § 4553) allows workers to seek additional damages from an employer if they were hurt due to “serious and willful” misconduct. The […]

REPORT: MORE THAN 175 MEDICAL PROVIDERS SUSPENDED FROM CALIFORNIA’S WORKERS’ COMPENSATION SYSTEM

According to a report from Safety + Health Magazine. California regulators have suspended several dozen medical providers from the state’s workers’ compensation system. The Department of Industrial Relations (DIR) confirms that 178 medical providers have been barred from workers’ compensation cases. Here, our Bakersfield workers’ compensation defense attorney explains why medical providers were suspended from […]

WORKERS’ COMPENSATION CLAIMS IN CALIFORNIA TAKE MORE THAN TWICE AS LONG TO CLOSE AS THE NATIONAL AVERAGE

According to a report from Insurance Journal, it takes significantly longer to close the average workers’ compensation claim in California than it does in most other states. While it takes seven years for 90% of workers’ compensation claims to be closed in California, it only takes three years to do so in the median U.S. […]

CALIFORNIA GOVERNOR GAVIN NEWSOM ANNOUNCED COVID-19 EMERGENCY WILL END IN FEBRUARY 2023

In October, California Governor Gavin Newsom announced the “End the COVID-19 State of Emergency.” The proclamation comes as part of the state’s more comprehensive “SMARTER Plan” for dealing with the public health threat posed by the virus going forward. The lifting of the COVID-19 State of Emergency in California does have some implications for workers’ […]

WORKERS’ COMPENSATION FRAUD WATCH: FRESNO BUSINESS OWNERS CHARGED WITH UNDERREPORTING PAYROLL BY $2.5 MILLION

On October 11, 2022, the California Department of Insurance announced that the Central Valley Workers’ Compensation Fraud Task Force has uncovered a multi-million dollar workers’ compensation fraud scheme in Fresno. A husband, wife, and their daughter (Karamjit Nijjar, Rajinder Kaur Nijjar, and Mandip Nijjar) were arraigned on felony workers’ compensation fraud charges for allegedly underreporting […]

WCAB UPHOLDS OPINION THAT LIMITED AN INJURED WORKER’S PERMANENT DISABILITY BENEFITS DUE TO PRE-EXISTING INJURY

An injured employee has the right to seek workers’ compensation benefits for a permanent disability. To obtain workers’ compensation benefits for permanent disability, a claimant must prove that he or she was hurt within the course and scope of employment. However, this is not always an “either/or” proposition. A pre-existing injury/condition could be a factor. […]

FATHER AND SON IN NORTHERN CALIFORNIA CHARGED IN $12 MILLION WORKERS’ COMPENSATION FRAUD CASE

On October 26, 2022, the California Department of Insurance announced that a father and son duo have been charged in a $12 million workers’ compensation fraud case. Edgardo Cabrales Sr. and Edgar Cabrales Jr.—both of San Jose, CA—are charged with workers’ compensation fraud due to the intentional underreporting of employee wages and company payroll. Within […]

WORKERS’ COMPENSATION DEFENSE: TWO RECENT PANEL OPINIONS PROVIDE IMPORTANT GUIDANCE ON ELEMENTS REQUIRED TO ESTABLISH CAUSATION FOR ALLEGED WORKPLACE INFECTION

Since the COVID-19 pandemic hit California in March 2020, occupational infections have been a big part of the discussion around workers’ compensation. Of course, occupational infection issues are by no means new in California. The law is clear: Workers’ compensation covers occupational infections—but the applicant must establish causation. There have been two recent panel opinions […]