Category Archives: Workers’ Compensation

IS APPORTIONMENT DEAD?

With the enaction of California Labor Code Sections 4663 and 4664 within SB 899 in 2004, the law regarding apportionment was radically changed.  The transition has not always been a smooth one and the Workers’ Compensation Appeals Board has been issuing decisions ever since in an attempt to define what apportionment is and to clarify […]

GOOD-FAITH PERSONNEL ACTION: APPLYING THE DEFENSE TO AN APPLICANT’S PSYCHIATRIC INJURY CLAIM

Can an employee receive compensation for a psychiatric claim if the injury resulted from the termination of his employment? What if the psychiatric injury was due to another form of discipline? Courts struggled with this issue prior to the enactment of Labor Code Section 3208.3. Some decisions found that such injuries were related to the […]

WORKERS’ COMPENSATION DEFENSE IN CALIFORNIA: WHAT IS THE 90-DAY RULE?

California employers are required to provide no-fault work injury insurance to their employees. If an injured worker files a claim, a claims administrator has a responsibility to make an initial decision within 90 days. If they fail to accept or deny the workers’ compensation claim before the deadline expires, they are liable by default. This […]

WORKERS’ COMPENSATION FRAUD CHARGES

Surveillance footage leads to charges against Madera woman for workers’ compensation fraud: News: 2021 Press Release For Release: March 12, 2021 Surveillance footage leads to charges against Madera woman for workers’ compensation fraud. FRESNO, Calif. —  Veronica Catalina Cortes-Ambrosio, 53, of Madera, was charged on two felony counts of insurance fraud after allegedly lying about […]

POST-TERMINATION DEFENSE UNDER LABOR CODE SECTION 3600(A)(10): WHAT YOU NEED TO KNOW

Imagine that you fired or laid off an employee. A few months later, you receive notice that the former employee has filed a workers’ compensation claim. Can they really do that? The short answer is ‘yes’—and it happens far more often than most people realize. At the same time, not all claims filed after termination […]

AN OVERVIEW LABOR CODE SECTION 4850 BENEFITS

Under California Labor Code Section 4800, certain frontline workers—including police officers, firefighters, and other public safety personnel—are entitled to additional legal protection in the event that they suffer a job-related injury. Referred both as “Labor Code Section 4850 benefits” and “Labor Code Section 4850 Time,” this special provision allows qualifying employees to receive their full […]

BATTLE OF THE QME SPECIALTY

Every seasoned workers’ compensation attorney knows that the specialty of the Panel Qualified Medical Evaluator has a significant impact on a claim. Once an applicant’s claim requires the use of a medical-legal evaluator, certain rules must be followed. In order to initiate the medical evaluation process, we must first look to see if the applicant […]

THE DUTY-BELT PRESUMPTION FOR POLICE OFFICERS EXPLAINED

In California, workers are entitled to ‘no-fault’ benefits for job-related injuries. In filing a workers’ compensation claim, it is generally an employee’s responsibility to prove that their injuries are connected to their employment. However, in limited circumstances, California law shifts the burden of proof in the other direction—ruling that certain injuries for certain workers are […]

CALIFORNIA TRUCKING COMPANY CHARGED WITH DEFRAUDING WORKERS’ COMPENSATION INSURER AND EMPLOYMENT DEVELOPMENT DEPARTMENT

According to a report from the Insurance Journal, two California truck company owners, Hardip Singh and Amandeep Kaur, have been charged as part of a workers’ compensation insurance fraud scheme. The business partners owned and operated a Sacramento-based trucking company called Trust Transport, Inc. They are alleged to have systematically underreported payroll. By doing so, […]

WHEN SHOULD I HIRE A WORKERS’ COMPENSATION DEFENSE LAWYER IN CALIFORNIA?

Workers’ compensation insurance provides medical coverage and wage loss benefits to employees who were hurt on the job. As emphasized by the California Department of Industrial Relations, “employers are required by law to have workers’ compensation insurance.” For employers and insurers, navigating the workers’ compensation claims process can be complicated. It is not uncommon to […]