Category Archives: Workers’ Compensation

DWC ANNOUNCES RETURN OF IN-PERSON WORKERS’ COMPENSATION HEARINGS

On September 1, 2021, the California Division of Workers’ Compensation (DWC) announced that in-person hearings are scheduled to return in 30 days. As of October 1, 2021, in-person workers’ compensation hearings will return for the first time since the onset of the COVID-19 outbreak in California in March 2020. In this blog post, our California […]

WITH DELTA VARIANT SURGES COMES MORE COVID-19 RELATED WORKERS’ COMPENSATION CLAIMS

According to data published by the California Department of Public Health, the Delta variant has quickly become the dominant strain of COVID-19 in the state. It is now responsible for most COVID-19 cases in California. With the Delta variant surge has come another spike in COVID-19-related workers’ compensation claims. Here, our Fresno workers’ compensation defense […]

LONG-HAUL COVID-19 CREATES WORKERS’ COMPENSATION UNCERTAINTY

According to reporting from Fortune Magazine, long-haul COVID-19 is creating some workers’ compensation-related challenges in California and throughout the United States. Below, our California workers’ compensation defense attorneys discuss long-haul COVID-19 and workers’ compensation claims. What is Long-Haul COVID-19? Also referred to simply as “long COVID” and “post-COVID-19 syndrome,” long-haul COVID-19 is a complex condition […]

WORKERS’ COMPENSATION DEFENSE: FOUR THINGS CALIFORNIA EMPLOYERS SHOULD KNOW ABOUT LC 132(A)

California requires employers to provide no-fault workers’ compensation benefits to their employees. Any employee who suffers a job-related injury or impairment has the right to file for workers’ compensation benefits without any “pushback” from their employer. Under California Labor Code Section 132(A), “it is the declared policy of this state that there should not be […]

CALIFORNIA MAN ADMITS TO FAKING INJURY TO DEFRAUD WORKERS’ COMPENSATION INSURANCE

According to a report from My News LA, a Riverside County, California man has agreed to plead guilty in a workers’ compensation fraud claim. Angel Luis Maces, 24 of San Jacinto, was charged after allegedly faking a work-related injury in order to collect thousands in undue workers’ compensation benefits. In this article, our Fresno workers’ […]

THE POST-TERMINATION DEFENSE AND THE PSYCH CLAIM

An employer may receive notice that a disgruntled former employee has filed a workers’ compensation claim alleging a psychiatric injury after being fired or laid off. However, the employer may not necessarily be liable for the claimed injury thanks to the post-termination defense pursuant to Labor Code Section 3208.3(e). The legislature has specifically enacted a […]

A VIOLATION OF LABOR CODE SECTION 6400 COULD LEAD TO A ‘SERIOUS AND WILLFUL’ MISCONDUCT CLAIMS

Workers’ compensation insurance helps to ensure that people hurt on the job have access to medical care and financial support. Workers’ compensation benefits are no-fault: An employee can recover compensation regardless of whether the employer caused the accident. In turn, workers’ compensation is a sole legal remedy for injured employees. Workers generally cannot file a […]

WHAT TO KNOW ABOUT CAL-OSHA AND THE CAL-OSHA APPEALS PROCESS

Passed by the United States Congress in 1970, the Occupational Safety and Health Act created “OSHA”—the federal agency responsible for setting and enforcing certain workplace safety standards. Notably, the federal law grants states the authority to manage their own OSHA programs as long as certain requirements are met. The Division of Occupational Safety and Health […]

WORKERS’ COMPENSATION SUBROGATION IN CALIFORNIA: WHAT TO KNOW ABOUT FUTURE CREDITS

Subrogation issues are often among the most complicated aspects of a workers’ compensation claim. As simply defined by Black’s Law Dictionary, subrogation allows one party to recoup costs from another. In workers’ compensation claims, subrogation may allow an insurer or employer to recover costs paid from another party. One of the key things to know […]

DEMYSTIFYING PRO PERS (WHO ARE THEY, AND WHAT DO THEY WANT?)

While most of our cases in the workers’ compensation system have the standard defense attorney vs. applicant’s attorney dichotomy, we have all come to expect, there are those applicants who still wish to keep things more informal and seek to represent their own interests. In those unique situations, we need to keep perspective on how […]