Category Archives: Workers’ Compensation

Intersecting Legal Precedents: The Synergistic Overlap of Virgil and Kite Cases in Workers’ Compensation Law

The Virgil v. State Compensation Insurance Fund decision has not only clarified aspects of combining impairments in workers’ compensation claims but also creates an interesting dialogue with earlier cases, notably the Kite case. Understanding the relationship between these two cases is critical for defense attorneys, as it provides a broader context for interpreting the WCAB’s […]

Examining the En Banc Decision in Virgil v. County of Kern: A Defense Perspective on Permanent Disability and Apportionment

The recent en banc decision in Virgil v. County of Kern has set a new benchmark in the interpretation of workers’ compensation laws, particularly regarding the evaluation of permanent disabilities and the principles of apportionment. This case provides critical guidance for defense attorneys who navigate the complexities of workers’ compensation claims. Here, the attorneys at […]

Navigating Workers’ Compensation During a Pandemic – A Landmark Decision on Average Weekly Earnings

In the recent case of Hever Rivera Flores v. L.A. Specialty Food Produce Company, Inc., the Workers’ Compensation Appeals Board (WCAB) made a pivotal ruling that underscores the complexity of calculating Average Weekly Earnings (AWE) during extraordinary times, such as the COVID-19 pandemic. Background The applicant, an employee of L.A. Specialty Food Produce Company, Inc., […]