You may have heard that a workers’ compensation claim is the exclusive remedy that injured employees have against their employer in California. While that is mostly true, there is a narrow, but important exception: A serious and willful misconduct claim. In a serious and willful misconduct claim,an employer may face additional legal liability after a […]
As explained by the California Department of Industrial Relations (DIR), QMEs are licensed doctors who have been trained and certified by the state’s DWC. When there are questions regarding the nature and severity of an employee’s injury, a Qualified Medical Evaluator (QME) may be brought in to bring additional clarity and help resolve the issue. […]
With today’s online Panel Qualified Medical Evaluator request system, it is often a race to be the party to designate the panel specialty. All too often the fate of a case hinges on the click of a submittal button. Despite defendants’ best efforts, there are times where applicant’s counsel is able to secure the specialty […]
Workers’ compensation insurance provides financial protection to employees who were injured while on the job. Following an incident in the workplace, employees have a right to file a claim—even if employers are confident that the claim is meritless. Under California law (Labor Code section 132(a)), employers are legally prohibited from taking adverse action against a […]
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: […]
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 […]
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 […]
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% […]
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 […]