Category Archives: WCAB

How Employers in California Can Use the Subsequent Injuries Benefits Trust Fund (SIBTF)

What happens if one of your employees aggravates a pre-existing injury while on the job? The short answer is that they can still file for workers’ compensation insurance benefits. That being said, depending on the specific situation, the cost of the claim may be covered, at least in part, by our state’s Subsequent Injuries Benefits […]

Allegations: Former Human Resources Manager in San Francisco Stole More than $600,000.00 from Workers’ Compensation Fund

On March 21, 2024, CBS News reported that a former human resources (HR) manager in San Francisco misappropriated more than $600,000.00 in workers’ compensation funds. Stanley Ellicott has been arrested and is now facing dozens of serious criminal charges. Within this article, our Fresno workers’ compensation defense attorney provides a more comprehensive discussion of the […]

I Failed to Get Workers’ Compensation Insurance for My Employees—What Should I Do Now?

Under California state law, employers must get workers’ compensation coverage for their employees. In California, an uninsured employer is “any employer who has failed to secure the payment of compensation as required by Labor Code Section 3700” (§15560). What happens if your company has failed to get insurance coverage? You need to take proactive measures […]

Workers’ Compensation Defense: Cumulative Trauma Claims Likely to Be Disproportionately Litigated in California

On March 4, 2024, the Insurance Journal reported that cumulative trauma claims represent a disproportionate share of the workers’ compensation cases that end up in litigation. As part of a major study, researchers studied a representative region in the Los Angeles Basin to assess the outcome of claims. Businesses, claims administrators, and insurers should be […]

Workers’ Compensation Law in California: Commercial Traveler Regulations

As explained by the California Department of Insurance, employers are required to purchase and maintain no-fault workers’ compensation insurance for their employees. Workers are generally covered as long as they were hurt within the “course and scope” of their employment. What happens if your employee is engaged in off-site travel? This is where California’s commercial […]

California Workers’ Compensation: Is an Employer Liable for Serious and Willful Misconduct if an Employee is Responsible?

While workers’ compensation is generally the sole remedy that an injured worker has against their own employer, a company could face a serious and willful misconduct claim if gross negligence or an intentional safety violation caused that worker’s injury. This raises an important question: Is an employer still liable if an employee was responsible for […]

Is an Employer in California Considered “Uninsured” if Workers’ Compensation Coverage Expired?

In California, businesses and organizations are required to obtain and maintain no-fault workers’ compensation coverage for their employees. An employer that is uninsured is in violation of the law—and, as such, could face civil and even criminal sanctions. What happens if coverage lapses for a short period of time? The short answer is that an […]

How Long Does an Employer Have to Deny a Workers’ Compensation Claim in California?

Did an employee at your company file for workers’ compensation benefits? Employers—and their insurers and claims administrators—have the right to review the claim and approve or deny it based on the information provided. In general, the deadline to deny a workers’ compensation claim in California is 90 days. Here, our Fresno workers’ compensation defense attorney […]

Proposed Law: California Bill Would Require Employers to Notify Employees of Right to Hire Lawyer in Workers’ Compensation Claim

On January 24, 2024, Business Insurance reported that a proposed state law would require all employers to change their workers’ compensation notification to clarify and emphasize an injured worker’s right to consult with an attorney. Here, our Bakersfield workers’ compensation defense law firm provides an overview of the proposed law that would put additional obligations […]

Contractor Sentenced in Workers’ Compensation Fraud Case in Simi Valley, California

According to a report from Hoodline, a contractor in Simi Valley was sentenced as part of a workers’ compensation fraud case. Mauricio Torres—the owner of a company called Vero’s Tree Service—was sentenced to one year of probation, fined $10,000.00, and ordered to pay financial restitution for knowingly failing to obtain mandatory workers’ compensation insurance coverage. […]