STUDY: INDEPENDENT MEDICAL REVIEWS LESS COMMON IN WORKERS’ COMPENSATION CLAIMS IN CALIFORNIA

According to a recent study published by the California Workers’ Compensation Institute (CWCI), there has been a sudden and sharp decline in the use of independent medical reviews (IMRs) in workers’ compensation claims in California over the past six years. In fact, the number of IMR decision letters issued hit a record low in the […]

CALIFORNIA COURT RULES IN FAVOR OF EMPLOYER IN REMOTE WORK CLAIM

One of the consequences of the COVID-19 pandemic was an increase in the prevalence of remote work. With more employees working from home, there have been some questions raised about how exactly that will affect workers’ compensation claims. In the recent case of Colonial Van & Storage Inc., v. Superior Court of Fresno County, a […]

CALIFORNIA PSYCHIATRIST SENTENCED IN WORKERS’ COMPENSATION FRAUD SCHEME

According to a report from CBS SF Bay Area, a psychiatrist based in San Francisco has been sentenced to prison in connection with a workers’ compensation fraud scheme. George Demetrius Karalis, 76, will serve a sentence of 120 days in prison and will pay $1.4 million in financial restitution to the affected parties. The judgment […]

FIVE POTENTIAL PENALTIES AN EMPLOYER COULD FACE FOR FAILURE TO OBTAIN WORKERS’ COMPENSATION INSURANCE IN CALIFORNIA

California has a mandatory workers’ compensation law in place. Under California law (Labor Code § 3700), all businesses and organizations that have employees in the state must meet this requirement. An employer that is uninsured in violation of California’s workers’ compensation law can face significant sanctions. In this article, our Bakersfield workers’ compensation defense attorney […]

HOW TO DEFEND SERIOUS AND WILLFUL MISCONDUCT CLAIMS IN CALIFORNIA (BE READY FOR THESE TWO EMPLOYEE ARGUMENTS)

A no-fault workers’ compensation case is typically the only remedy that an injured worker has against an employer. However, under California Labor Code § 4553, there is an exception for cases in which an employee is injured due to “serious and willful misconduct” by an employer. Employers found liable for serious and willful misconduct can […]

WORKERS’ COMPENSATION DEFENSE: WHAT CONSTITUTES ‘RETALIATION’ UNDER LABOR CODE 132(A)?

All employees in Monterey County and anywhere else in California are required to obtain and maintain workers’ compensation insurance coverage. If an employee is hurt on the job, they have a right to file for no-fault workers’ compensation benefits through their employer’s policy. Under California Labor Code 132(a), employers are barred from retaliating against an […]

CALIFORNIA REGULATORS RELEASE UPDATED COVID-19 EMERGENCY QME RULES FOR 2022

On January 18, 2022, the California Division of Workers’ Compensation (DWC) announced that updated COVID-19 related emergency regulations for Qualified Medical Evaluations (QMEs) are taking effect. The latest round of emergency regulations are set to last until July 19, 2022—with two separate 90-day extensions possible if deemed necessary. In this article, our Fresno workers’ compensation […]

TWO CALIFORNIA BUSINESS OWNERS CHARGED IN $4.5 MILLION WORKERS’ COMPENSATION FRAUD SCHEME

According to a report from Insurance Journal, two California business owners—a married couple named Wei Wen Wu, and Feng Wen Lam—are facing dozens of counts of workers’ compensation fraud. Authorities allege that the business owner couple defrauded private insurance companies and the California state fund out of nearly $1.7 million by underreporting payroll for more […]

Reminder for Employers: Post an Annual Summary of Work-Related Injuries and Illnesses

On January 26, 2022, the California Department of Industrial Relations (DIR) published an official news release reminding employers in the state of their duty to post a legally-compliant annual summary of work-related injuries and illnesses. Here, our California workers’ compensation defense attorneys explain the key things employers should know about their duty to post an […]

California Workers’ Compensation Defense: Understanding the “Sudden and Extraordinary” Exception to the Six-Month Employment Rule

The California Division of Workers’ Compensation is clear: An employee has the right to file for workers’ compensation benefits for a psychiatric injury. For the purposes of California workers’ compensation claim, the term ‘psychiatric injury’ is used broadly—it covers a wide range of mental health related issues, including depression, anxiety, and inability to sleep. California […]