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 […]

King Decision and Exclusive Remedy Rule

By Nicole Rothford When a person is injured arising out of and in the course of employment, they have a statutorily-created process to seek remedy for this industrial injury—the workers’ compensation system. The system is different from state to state, and in California, we have one of the more complex systems, rules and procedures to provide […]

Medical Providers Using New Tactic to Challenge Past Bills

By Peter Yoon In the recent months, our office has seen an influx of Petitions for Non-IBR Disputes for Medical-Legal Expenses. These petitions are being filed by providers of various services. Some examples include Qualified Medical Examiners, treating physicians, and diagnostic testing. The procedures for payment disputes relating to medical treatment and medical-legal expenses are laid […]