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 […]
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 […]
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 […]
Workers’ compensation insurance provides an important form of legal protection for companies and organizations. An employee cannot sue an employer for a job-related injury. However, a specialized section of California law (Labor Code § 4553) allows workers to seek additional damages from an employer if they were hurt due to “serious and willful” misconduct. The […]
According to a report from Safety + Health Magazine. California regulators have suspended several dozen medical providers from the state’s workers’ compensation system. The Department of Industrial Relations (DIR) confirms that 178 medical providers have been barred from workers’ compensation cases. Here, our Bakersfield workers’ compensation defense attorney explains why medical providers were suspended from […]
According to a report from Insurance Journal, it takes significantly longer to close the average workers’ compensation claim in California than it does in most other states. While it takes seven years for 90% of workers’ compensation claims to be closed in California, it only takes three years to do so in the median U.S. […]
In October, California Governor Gavin Newsom announced the “End the COVID-19 State of Emergency.” The proclamation comes as part of the state’s more comprehensive “SMARTER Plan” for dealing with the public health threat posed by the virus going forward. The lifting of the COVID-19 State of Emergency in California does have some implications for workers’ […]
On October 11, 2022, the California Department of Insurance announced that the Central Valley Workers’ Compensation Fraud Task Force has uncovered a multi-million dollar workers’ compensation fraud scheme in Fresno. A husband, wife, and their daughter (Karamjit Nijjar, Rajinder Kaur Nijjar, and Mandip Nijjar) were arraigned on felony workers’ compensation fraud charges for allegedly underreporting […]
An injured employee has the right to seek workers’ compensation benefits for a permanent disability. To obtain workers’ compensation benefits for permanent disability, a claimant must prove that he or she was hurt within the course and scope of employment. However, this is not always an “either/or” proposition. A pre-existing injury/condition could be a factor. […]
Since the COVID-19 pandemic hit California in March 2020, occupational infections have been a big part of the discussion around workers’ compensation. Of course, occupational infection issues are by no means new in California. The law is clear: Workers’ compensation covers occupational infections—but the applicant must establish causation. There have been two recent panel opinions […]