In California, workers’ compensation claims can be split into two broad categories: 1) Specific industry and 2) Cumulative trauma. Under Cal. Labor Code § 3208.1(b), cumulative trauma is harm “occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical […]
Category Archives: WCAB
According to a report from the Insurance Journal, a business owner in California has been arrested and charged as part of a workers’ compensation fraud case. Notably, the company’s office compliance manager is also facing criminal workers’ compensation fraud charges. Within this article, our Fresno workers’ compensation defense law firm provides an overview of the […]
Do hot workplaces cost employers more money? From the perspective of workers’ compensation insurance, the answer might be “yes.” According to a report from KEQD, hot workplaces—more specifically, workplaces where workers are exposed to high levels of outdoor heat—are linked to a greater number of workplace injuries and illnesses—20,000 in California alone each year. That […]
According to a report from the Insurance Journal, the total amount of workers’ compensation losses paid has gradually increased over the past decade. Notably, this comes after the passing of Senate Bill 863 (SB 863), which reformed the handling of medical treatment disputes in workers’ compensation claims in California. SB 863 was signed into law […]
The Department of Industrial Relations (DIR) explains that all employers in California are legally required to purchase no-fault workers’ compensation coverage. Should they fail to do so, they are an improperly uninsured employer. Employers that are uninsured can face major problems if one of their workers is hurt on the job. Here, our Sacramento workers’ […]
California law requires all companies and organizations that have employees within the state to obtain the appropriate no-fault workers’ compensation insurance coverage. California workers’ compensation laws put legal responsibilities on both employers and employees. What happens if an employee is late to report their work injury? It could be a good cause to deny their […]
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 […]
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 the Fall of 2019, Governor Gavin Newsom signed a reform package into law that, among other things, created a rebuttable presumption that post-traumatic stress disorder (PTSD) developed by a police officer or firefighter is job-related. In other words, a police officer or firefighter in California can claim workers’ compensation benefits for PTSD (Labor Code […]