According to a report from the Society for Human Resource Management (SHRM), the California Workers’ Compensation Appeals Board (WCAB) has ruled that a workers’ compensation discrimination claim under Labor Code Section 132(a) is a wholly separate legal action from a disability discrimination claim under FEHA, Fair Employment and Housing Act. A worker who had her […]
Author Archives: Joseph Yrulegui
In California, employees are entitled to receive no-fault workers’ compensation insurance coverage from their employer. If an employee is hurt on the job, he/she has the right to file for workers’ compensation benefits regardless of how and why the accident occurred. However, they do not have an unlimited amount of time to bring the case. […]
According to a report from Business Insurance, a California appellate court has ruled in favor of a private company—finding that the state’s exclusive remedy presumption for workers’ compensation insurance prohibits the employee from filing a personal injury claim against that contractor. Here, our Sacramento workers’ compensation defense lawyer offers a more detailed account of the […]
According to a report from Human Resources Director California, Central Concrete Supply Company—a contractor based in San Jose, CA—is challenging an employee’s workers’ compensation claim on the grounds that services were received that were not “reasonable and necessary.” In this article, our Bakersfield workers’ compensation defense attorney provides a more detailed account of the dispute […]
According to a report from the Del Mar Times, a Southern California surgeon has pled guilty to taking illegal kickbacks and defrauding the state’s workers’ compensation claims system. Lokesh S. Tantuwaya, 55 of San Diego, allegedly accepted more than $3 million in bribes as part of a more complex healthcare fraud scheme. In this blog […]
As stated straightforwardly by the California Department of Industrial Relations (DIR), all employers in the state must comply with the statutory mandate to provide workers with no-fault workers’ compensation coverage. California workers’ compensation allows injured employees to recover benefits regardless of fault—but there is a strict exception for intentional or self-inflicted injuries. Here, our Salinas […]
Earlier this year, the Workers’ Compensation Appeals Board (WCAB) issued an instructive decision in the case of Ayala v. Department of Corrections and Rehabilitation/Lancaster State Prison. The Board found that it has the authority to increase IDL payments by 50% on the grounds of an employer’s serious and willful misconduct. Here, our Fresno workers’ compensation […]
On July 11, 2022, the California Department of Insurance announced that Q’Orianka Kilcher—a 32-year-old North Hollywood, CA actress famous for her role on the hit TV show ‘Yellowstone’—has been charged with two felony counts of workers’ compensation fraud. Authors contend that Ms. Kilcher collected more than $90,000.00 of workers’ compensation disability benefits that were not […]
The California Department of Industrial Relations (DIR) is clear: Employers in our state “are required by law to have workers’ compensation insurance.” An uninsured employer could face several different sanctions, including: Civil legal action in the form of personal injury liability; A state-issued fine that could be as high as $10,000.00 per worker; A doubling […]
Earlier this year, the Workers’ Compensation Appeals Board (WCAB) reached a decision in the case of Cory Sather, Applicant v. Trion Solutions, Inc.,—a dispute over the proper calculation of average weekly wages for workers’ compensation benefits. The WCAB concluded that the employer/insurer should have included a worker’s impending raise when calculating workers’ compensation benefits. Here, […]