Category Archives: Workers’ Compensation

COMMON MISTAKES EMPLOYERS SHOULD AVOID WHEN DEFENDING A WORKERS’ COMPENSATION CASE IN CALIFORNIA

An accident can happen in any type of workplace environment. Even when a company or organization does everything the right way, it is still possible that an employee will be hurt and will need to file for workers’ compensation benefits. As an employer, it is imperative that you understand your responsibilities in the process. Within […]

WORKERS’ COMPENSATION DEFENSE: THE COST OF A CUMULATIVE TRAUMA CLAIM CAN ADD UP FAST

A worker who has suffered cumulative trauma on the job—carpal tunnel syndrome, tendinitis, gradual onset back injuries, etc.—has the right to file for workers’ compensation benefits. In California, these are known as cumulative trauma claims. A recent report from Business Insurance finds that the costs of cumulative trauma can add up quickly. Here, our Bakersfield, […]

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 […]

WORKERS’ COMPENSATION FRAUD CRACKDOWN CONTINUES IN CALIFORNIA: 261 MEDICAL PROVIDERS SUSPENDED

According to Business Insurance, 261 medical providers were suspended for the California workers’ compensation system in 2022—a dramatic increase when compared to the previous two years. As the COVID-19 pandemic recedes, the California Division of Workers’ Compensation (DWC) is cracking down on fraud. Below, our Fresno workers’ compensation defense lawyers provide an overview of the […]

SOUTHERN CALIFORNIA DOCTOR SENTENCED TO 10 YEARS IN PRISON FOR WORKERS’ COMPENSATION FRAUD

Workers’ compensation fraud remains a serious area of concern in California. State regulators have committed to taking aggressive measures to hold perpetrators accountable. As reported by Business Insurance, a doctor from Southern California was recently sentenced to ten years in prison for his role in a workers’ compensation fraud scheme. Here, our California workers’ compensation […]

SIGNIFICANT STATE-BY-STATE VARIATION IN USE OF EMERGENCY ROOM (ER) FOR INITIAL WORKERS’ COMPENSATION TREATMENT (CALIFORNIA ON THE LOW END)

According to an analysis reported by Safety + Health Magazine, there is substantial variation in the percentage of injured workers that go to the emergency room (ER) for their initial care from state to state. California is on the lower end of the spectrum—which is good news for employers, insurers, and claims administrators, as less […]

SHARP SPIKE IN PUBLIC SELF-INSURED WORKERS’ COMPENSATION CLAIMS IN CALIFORNIA

According to a report from the Insurance Journal, workers’ compensation claims among public self-insured employers in California spiked significantly over the past fiscal year. For the period running from July 1, 2021 to June 30, 2022, workers’ compensation claims were up 35% among self-insured employers in the state—despite the size of the self-insured workforce remaining […]

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 […]

UNDERSTANDING THE NEW WORKERS’ COMPENSATION REQUIREMENTS FOR LICENSED CONTRACTORS IN CALIFORNIA

According to a report from Property Casualty 360, California is starting to implement a new law in 2023 that will require all licensed contractors—even those without employees—to have workers’ compensation coverage by 2026. Currently, all employers in California that have employees are required to have no-fault workers’ compensation coverage. Here, our Fresno workers’ compensation defense […]

HOW TO DEFEND A POST-TERMINATION PSYCH INJURY WORKERS’ COMPENSATION CLAIM IN CALIFORNIA

Imagine that a worker is fired, laid off, or otherwise terminated by your company. What happens if that former employee, then turns around and files for workers’ compensation benefits on the grounds that they sustained a “psychiatric injury”—post-traumatic stress disorder (PTSD), anxiety, depression, etc.—while working for your business or organization? California law allows employers to […]