Category Archives: Workers’ Compensation

The proposal added four areas of regulation regarding Harmful Wildfire Smoke, upon Employers: 1) Identification Regulations; 2) Warning System Regulations; 3) Training Regulations; and 4) Protection and Ramification Regulations.

As you know, Labor Code Section 4658.7(h)(2), requires the Physician’s Return-to-Work (Physician’s RTW) (DWC-AD 10133.36 to fully inform “the employer of work capacities and of activity restrictions resulting from the injury that are relevant to potential regular work, modified work, or alternative work.”

Who does not love to grab a glass of wine during happy hour with your co-workers, especially now that the weather is getting nice? However, like in all situations, the employer must act reasonable in order to avoid being liable for any injuries resulting from intoxication.

By Nicole Rothford When a person is injured arising out of and in the course of employment, they have a statutorily-created process to seek remedy for this industrial injury—the workers’ compensation system. The system is different from state to state, and in California, we have one of the more complex systems, rules and procedures to provide […]

By Peter Yoon In the recent months, our office has seen an influx of Petitions for Non-IBR Disputes for Medical-Legal Expenses. These petitions are being filed by providers of various services. Some examples include Qualified Medical Examiners, treating physicians, and diagnostic testing. The procedures for payment disputes relating to medical treatment and medical-legal expenses are laid […]

By A.J. Driscoll On December 10, 2018, the First District Court of Appeal filed an opinion in the case of City of Pealuma (Lindh) v. WCAB. This case and its holding are of importance on the evolving issue of apportionment. As a factual background, this case involved a Petaluma police officer who was working a detail as a […]

By Scott Darling For those who somehow have not heard, the California Supreme Court issued a decision in 2018 that significantly impacted the age-old debate of who is an employee and who is an independent contractor. In Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal. 5th 903, the California Supreme Court established what has been referred […]

By Nicole Christy  What good is a valid MPN if you cannot prove it? Not much. In large part, applicants and their attorneys attempt to argue invalid MPN whenever they feel like going outside of it to procure treatment. Likewise, where the applicant or their attorney has already procured a favorable medical report from a non-MPN […]

By Peter Yoon  The field of workers’ compensation is its own unique animal in the legal world. Many of the procedures and evidentiary rules that dictate civil lawsuits do not apply in workers’ compensation. Generally, open discovery is encouraged in workers’ compensation to facilitate agreements. However, the statutory privileges, such as, attorney client privilege (Evidence Code […]

By Nicholas J. Perry  Often times as defense attorneys and claims examiners, we find ourselves in a situation where applicant’s counsel attempts to increase their client’s permanent disability percentage by obtaining a Vocational Rehabilitation Expert to show that their client is unable to compete in the open labor market or has a diminished future earning capacity. […]