DEFENDING A WORKERS’ COMPENSATION CLAIM ON THE GROUNDS OF “INTENTIONALLY SELF-INFLICTED” INJURY

As stated straightforwardly by the California Department of Industrial Relations (DIR), all employers in the state must comply with the statutory mandate to provide workers with no-fault workers’ compensation coverage. California workers’ compensation allows injured employees to recover benefits regardless of fault—but there is a strict exception for intentional or self-inflicted injuries. Here, our Salinas […]

WCAB RULES THAT IDL PAYMENTS CAN BE COUNTED AS PART OF “WORKERS’ COMPENSATION” IN SERIOUS AND WILLFUL MISCONDUCT CASE

Earlier this year, the Workers’ Compensation Appeals Board (WCAB) issued an instructive decision in the case of Ayala v. Department of Corrections and Rehabilitation/Lancaster State Prison. The Board found that it has the authority to increase IDL payments by 50% on the grounds of an employer’s serious and willful misconduct. Here, our Fresno workers’ compensation […]

YELLOWSTONE ACTRESS CHARGED WITH FELONY WORKERS’ COMPENSATION FRAUD IN CALIFORNIA

On July 11, 2022, the California Department of Insurance announced that Q’Orianka Kilcher—a 32-year-old North Hollywood, CA actress famous for her role on the hit TV show ‘Yellowstone’—has been charged with two felony counts of workers’ compensation fraud. Authors contend that Ms. Kilcher collected more than $90,000.00 of workers’ compensation disability benefits that were not […]

UNINSURED EMPLOYER DEFENSE: HOW TO RESPOND TO A SPECIAL NOTICE OF LAWSUIT (SNOL) IN CALIFORNIA

The California Department of Industrial Relations (DIR) is clear: Employers in our state “are required by law to have workers’ compensation insurance.” An uninsured employer could face several different sanctions, including: Civil legal action in the form of personal injury liability; A state-issued fine that could be as high as $10,000.00 per worker; A doubling […]

WCAB DECISION: EMPLOYEE’S IMPENDING RAISE SHOULD HAVE BEEN INCLUDED WHEN CALCULATING AVERAGE WEEKLY WAGES

Earlier this year, the Workers’ Compensation Appeals Board (WCAB) reached a decision in the case of Cory Sather, Applicant v. Trion Solutions, Inc.,—a dispute over the proper calculation of average weekly wages for workers’ compensation benefits. The WCAB concluded that the employer/insurer should have included a worker’s impending raise when calculating workers’ compensation benefits. Here, […]

CALIFORNIA BUSINESS OWNER ARRAIGNED FOR WORKERS’ COMPENSATION FRAUD (UNDERREPORTED PAYROLL)

On June 16, 2022, the California Department of Insurance announced that Gamlet Abramian, a 47-year-old business owner from Los Angeles County, has been arraigned on workers’ compensation fraud charges. Prosecutors contend that Mr. Abramian knowingly and willfully misreported payroll, thereby underpaying workers’ compensation insurance premiums by at least $212,667.00. Here, our Fresno workers’ compensation defense […]

REPORT: SHARE INCREASE IN MED-LEGAL WORKERS’ COMPENSATION COSTS IN FIRST HALF OF 2022

Costs are rising across the United States. Recently, Bloomberg News reported that the national inflation rate hit a 40-year high. The medical and legal costs of workers’ compensation in California are rising sharply as well. On June 5, 2022, the Insurance Journal reported that costs for resolving workers’ compensation disputes are rising even faster than […]

IRS ANNOUNCEMENT: MILEAGE REIMBURSEMENT RATE INCREASES FOR THE FINAL SIX MONTHS OF 2022

The Internal Revenue Service (IRS) announced an increase in the mileage reimbursement rate for the second half of 2022. The standard mileage reimbursement rate for all business-related travel will be 62.5 cents per mile from July 1, 2022 to December 31, 2022. The mileage reimbursement rate was previously 58.5 cents per mile—meaning it is increasing […]

WORKERS’ COMPENSATION DEFENSE IN CALIFORNIA: INDEPENDENT CONTRACTORS AND THE ABC TEST

In recent years, California has significantly tightened its regulations on the use of independent contractors. Unlike an employee, an independent contractor is not entitled to no-fault workers’ compensation insurance coverage. However, an employer cannot simply choose who is classified as an employee and who is classified as an independent contractor. In this blog post, our […]

THREE BUSINESS OWNERS ARRAIGNED IN WORKERS’ COMPENSATION FRAUD CASE IN CALIFORNIA

Workers’ compensation fraud remains a serious problem in our state. Three business owners were recently indicted and arraigned on criminal workers’ compensation fraud charges. As reported by Insurance Journal, the following three individuals are facing criminal workers’ compensation fraud allegations: Troy Williams of Angels Camp, California; Nanci Morman, of Somerset, California; and John Allison, of […]