Category Archives: WCAB

WCAB OVERRULES WORK INJURY APPORTIONMENT MADE BY QME

On March 21, 2023, the Workers’ Compensation Board of Appeals (WCAB) overturned a work injury “apportionment” made by a Qualified Medical Evaluator (QME) in the case of Monter v. Randstad North America, Inc.. In doing so, the WCAB awarded additional workers’ compensation benefits to the claimant. The decision is instructive for employers and insurers. Here, […]

WCAB ISSUED UPDATED WORKERS’ COMPENSATION GUIDANCE RELATED TO END OF STATEWIDE COVID-19 EMERGENCY

On March 22, 2023, the California Workers’ Compensation Appeals Board (WCAB) issued an En Banc ruling regarding the end of our state’s COVID-19 emergency. (Case No. MISC. NO. 268). Below, our California workers’ compensation defense lawyers highlight the essential things that you should know about the recent WCAB updated guidance regarding COVID-19 emergency workers’ compensation […]

WHAT IS A LABOR CODE 132(a) LAWSUIT? (WORKERS’ COMPENSATION IN CALIFORNIA)

An employee who was hurt on the job in California has a right to file for no-fault workers’ compensation benefits. As an employer, you are required to obtain and maintain the proper workers’ compensation insurance coverage for your employees. Employers cannot discriminate against an employee who was injured on the job or retaliate against an […]

WORKERS’ COMPENSATION APPEALS BOARD OVERTURNS JUDGES, AWARDS BENEFITS TO CALIFORNIA DELIVERY DRIVER WHO TRIPPED AND HURT ANKLE

According to a report from Human Resources Director (HRD), the Workers’ Compensation Appeals Board (WCAB) has overruled a judge, finding that a delivery driver who tripped and injured his ankle is entitled to workers’ compensation benefits. The judge had initially ruled that the worker had failed to credibly establish that his injury was “job-related.” The […]

THE PRICE OF COMMUTING ATTORNEY’S FEES

The issue of commuting attorney’s fees from the far end of the Award when a case is settled by Stipulations with Request for Award is one that is normally not fought over or discussed. Recently, I heard an argument over this issue on a Mandatory Settlement Conference line and it was clear the Judge did […]

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’ […]

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. […]

FOUR WORKERS’ COMPENSATION CHANGES TO KNOW ABOUT FOR CALIFORNIA IN 2022

Workers’ compensation is complicated. Most years bring some modest (or sometimes major) legal and legislative changes. Employers, claims administrators, and insurance companies should all understand their responsibilities under California law. In this blog post, our Fresno workers’ compensation defense attorneys highlight four key things to know about workers’ compensation laws and regulations for 2022. Average […]