CALIFORNIA WORKERS’ COMPENSATION: WHAT IS A COMPENSABLE CONSEQUENCE?

In some cases, an injury can make a person vulnerable to other medical complications. Under California’s workers’ compensation laws, this type of new health problem may be considered a compensable consequence. In California, a compensable consequence is an injury or health condition that arises directly out of an industrial injury. This raises an important question: […]

COVID-19 AND WORKERS’ COMPENSATION: AN OVERVIEW OF CALIFORNIA’S PROPOSED EMERGENCY TELEMEDICINE REGULATIONS

The COVID-19 (coronavirus) pandemic is affecting communities across the country. In order to slow the transmission of the respiratory disease, the California Department of Public Health recommends social distancing. Public officials instructed everyone in the state to stay home except for essential needs. In an effort to facilitate social distancing, the Division of Workers’ Compensation […]

NEWSOM’S EXECUTIVE ORDER CREATING COVID-19 PRESUMPTION FOR EMPLOYEES SUMMARIZED

By Michael J. Brady On May 6, 2020, California Governor Gavin Newsom signed an Executive Order creating a rebuttable presumption that COVID-19 (Coronavirus) is a compensable occupational disease for employees who contract the illness and have a positive test within 14 days of performing work at their place of employment. In effect, the Order shifts […]

SUPPLEMENTAL JOB DISPLACEMENT BENEFIT VOUCHER AND THE DENNIS DECISION

By Matthew J. Johns By now we are all familiar with the basic requirements to avoid liability for a supplemental job displacement benefit voucher: (1) An Offer of Regular, Alternative or Modified Work, (2) conforming to applicant’s work restrictions, (3) lasting at least 12 months, (4) for at least 85% of pre-injury wages (or 100% […]

WORKERS’ COMPENSATION BENEFITS AND THE EDUCATION CODE

Injured workers are entitled to compensation in the form of temporary disability benefits if they are unable to work due to the effects of their industrial injury. Temporary disability may be total or partial. If the injured worker is entirely unable to work after the injury, then the disability is total. If the injured worker […]

IS AN EMPLOYEE ELIGIBLE FOR WORKERS’ COMPENSATION BENEFITS IF AN EMPLOYEE IS INJURED WHILE WORKING FROM HOME?

By Melissa Noble Many employees have been quick to demand that their employer allow them to work from home to prevent the spread of COVID-19. The unfortunate news for employees, however, is there are no Federal or California laws requiring an employer to allow an employee to work from home. The right to work from […]

The Risk of Being an Illegally Uninsured Employer in California

The Risk of Being an Illegally Uninsured Employer in California By: Shamyl K. Siddiqi The California Labor Code provides that all employers must be insured for workers’ compensation. This requirement begins when the employer status begins, and it lasts for the duration of the employer status. An employer can meet this obligation either by (1) […]

WHAT TO DO IF YOU RECEIVE A SPECIAL NOTICE OF LAWSUIT

WHAT TO DO IF YOU RECEIVE A SPECIAL NOTICE OF LAWSUIT A Special Notice of Lawsuit is often your first notice that someone is claiming they were your employee and were hurt on the job.  Normally, you will not just receive this document in the mail, but will be handed the form, in person, along […]