Intersecting Legal Precedents: The Synergistic Overlap of Virgil and Kite Cases in Workers’ Compensation Law

The Virgil v. State Compensation Insurance Fund decision has not only clarified aspects of combining impairments in workers’ compensation claims but also creates an interesting dialogue with earlier cases, notably the Kite case. Understanding the relationship between these two cases is critical for defense attorneys, as it provides a broader context for interpreting the WCAB’s […]

Examining the En Banc Decision in Virgil v. County of Kern: A Defense Perspective on Permanent Disability and Apportionment

The recent en banc decision in Virgil v. County of Kern has set a new benchmark in the interpretation of workers’ compensation laws, particularly regarding the evaluation of permanent disabilities and the principles of apportionment. This case provides critical guidance for defense attorneys who navigate the complexities of workers’ compensation claims. Here, the attorneys at […]

Navigating Workers’ Compensation During a Pandemic – A Landmark Decision on Average Weekly Earnings

In the recent case of Hever Rivera Flores v. L.A. Specialty Food Produce Company, Inc., the Workers’ Compensation Appeals Board (WCAB) made a pivotal ruling that underscores the complexity of calculating Average Weekly Earnings (AWE) during extraordinary times, such as the COVID-19 pandemic. Background The applicant, an employee of L.A. Specialty Food Produce Company, Inc., […]

Unpacking Workers’ Compensation: How Lodging and Food Allowances Impact Wage Calculations in Injury Claims

In a recent decision, Hidalgo v. Ducoing Management, Inc., the Workers’ Compensation Appeals Board (WCAB) addressed whether lodging and food allowances should be included in the calculation of a worker’s wages for temporary disability benefits. The case involved an injured laborer who claimed weekly earnings of $1,658.46, while the employer argued that his earnings were […]

Can an Employer in California Deny a Workers’ Compensation Claim because an Employee was Drunk?

A worker who is injured on the job in California has the right to claim no-fault benefits. He or she is covered even if the employer did nothing wrong. With that being said, employers do have certain workers’ compensation defense options. An employer has the right to deny a workers’ compensation claim if the employee’s […]

Does it Cost More for Employers to Get Workers’ Compensation Coverage if They are Uninsured?

The California Department of Industrial Relations (DIR) is very clear: state law “requires all employers to have workers’ compensation insurance.” An uninsured employer in California can face very serious sanctions. Notably, an employer could even be required to pay higher workers’ compensation rates once they get re-insured. Here, our Sacramento workers’ compensation defense law firm […]

California Regulators Accuse Business Owner in Fresno of Workers’ Compensation Fraud

On May 16, 2024, the Fresno Bee reported that California regulators were accusing a business owner in Fresno of workers’ compensation fraud. Heigo Kubar—the former owner of a Fresno-based trucking company—is facing allegations that he underreported company payroll by approximately $2 million. Mr. Kubar is facing three felony criminal counts. He had pleaded not guilty […]

California Written Workers’ Compensation Insurance Premiums Jump By Two Percent

In May 2024, the Insurance Journal reported that the written workers’ compensation premiums were 2% higher in 2023 when compared to the previous year. The information comes from the final annual report from the Workers’ Compensation Insurance Rating Bureau of California (WCIRB California). Here, our Sacramento workers’ compensation defense lawyer highlights the key points to […]

WCAB Orders Reconsideration in COVID-19 Vaccine Mandate Case

In a recent decision, the California Workers’ Compensation Appeals Board (WCAB) granted a Petition for Reconsideration in Cisneros v. Los Angeles Unified School District, a case involving a healthcare assistant’s psychiatric injury claim following the enforcement of a mandatory COVID-19 vaccination policy. Within this blog post, our Fresno workers’ compensation defense lawyer discusses the allegations […]

California Workers’ Compensation Appeals Board Orders Reconsideration in Valley Fever Case

In a recent decision, the California Workers’ Compensation Appeals Board (WCAB) ordered the reconsideration of a denied workers’ compensation claim involving a case of advanced Valley Fever, also known as disseminated coccidioidomycosis. This decision underscores the complexities of proving workplace-related illnesses and the importance of comprehensive evidence and expert testimony. Case Background The case involves […]