Category Archives: WCAB

Firefighter’s Off-Duty Trail Running Injury Deemed Compensable by WCAB

In Larson v. Moraga Orinda Fire Dist. (2024 Cal. Wrk. Comp. P.D. LEXIS 287, the Workers’ Compensation Appeals Board (WCAB) concluded that a firefighter’s off-duty trail running injury was compensable under Labor Code section 3600(a)(9). Despite the employer’s argument that the injury fell under the “voluntary participation” bar for off-duty recreational activities, the WCAB found […]

New WCAB Panel Decision Examines Off-Duty Jiu-Jitsu Injury for Police Officer: D’Alessandro v. City of Menifee (2024 Cal. Wrk. Comp. P.D. LEXIS 351)

A recent Workers’ Compensation Appeals Board (WCAB) panel decision—D’Alessandro v. City of Menifee—addresses whether a police officer’s off-duty knee injury while taking a jiu-jitsu class qualified as industrial. In a split decision, the WCAB granted the officer’s Petition for Reconsideration and found that his activity was sufficiently tied to his employment and considered AOE/COE. D’Alessandro […]

2025 Flashback: How South Coast Framing (2015) Still Impacts Workers’ Compensation Death Claims

It has been a decade since the California Supreme Court decided South Coast Framing, Inc. v. Workers’ Compensation Appeals Board (Clark) (2015) 61 Cal.4th 291. Despite the passage of time, this case remains a cornerstone for understanding causation in death claims—especially when multiple medications (both industrial and nonindustrial) are involved. Brief Recap Practical Takeaways for […]

Time is NOT on Your Side: Your Quick Guide to WCAB Appeals

If you are handling California workers’ compensation claims, keeping track of Workers’ Compensation Appeals Board (WCAB) and appellate deadlines is critical. Missing an appeal deadline can have serious consequences for your case. Here is what you need to know about the most important timeframes. Petition for Reconsideration – 20 Days (Labor Code §§ 5900, 5903) […]

Good News for Claims: WCAB Rejects Bad Faith Sanctions in Interpreter Fee Dispute

In State Compensation Insurance Fund v. WCAB (2024 Cal. Wrk. Comp. P.D. LEXIS), the WCAB has provided much-needed clarity on interpreter fee disputes that significantly benefit claims administrators. The decision addresses two critical issues: the establishment of interpreter market rates and when disputing such rates constitutes bad faith under Labor Code Section 5813. Market Rate […]

When Medical Opinions Fall Short: WCAB Emphasizes Proper Standards in Workers’ Compensation Cases

In workers’ compensation cases, proving causation between an injury or condition and an employee’s workplace activities is a critical step. However, the burden of proof in these cases is unique to the workers’ compensation system, relying on the standard of “reasonable medical probability.” A recent decision by the Workers’ Compensation Appeals Board (WCAB) underscores the […]

Mastering QME Panel Replacements: A Deep Dive into California Code of Regulations Section 31.5

Navigating the complexities of California’s workers’ compensation system can be overwhelming, especially when it comes to medical evaluations that can make or break a case. One regulation that plays a crucial role in ensuring fairness and efficiency is California Code of Regulations, Section 31.5, which governs the process of obtaining a replacement Qualified Medical Evaluator […]

Understanding California Code of Regulations Section 10545: Petition for Costs in Workers’ Compensation Cases

In the workers’ compensation system, various costs may arise that are not typically recoverable as liens under Labor Code Section 4903. California Code of Regulations Section 10545 outlines the procedure for filing a Petition for Costs when seeking reimbursement for certain expenses or services. This regulation helps parties in a workers’ compensation case—such as employees, […]

Understanding California Code of Regulations Section 10510: Filing Petitions and Answers in Workers’ Compensation Cases

In the context of workers’ compensation defense, procedural rules are essential to ensure that cases progress smoothly through the legal system. One such regulation, California Code of Regulations Section 10510, outlines the correct procedures for filing petitions and answers when requesting action from the Workers’ Compensation Appeals Board (WCAB). Whether you are petitioning for a […]

Second Opinions, Third Opinions, Oh My! A Fun Guide to California Code of Regulations §9767.7 for Workers’ Compensation Defense

When it comes to workers’ compensation, medical disputes can feel like an endless game of “Doctor, Doctor!” Fortunately, California Code of Regulations §9767.7 provides a clear roadmap for when an employee is not quite feeling what the primary treating physician is dishing out. At Yrulegui & Roberts, we love helping employers, insurers, and claims adjusters […]