Workers’ Compensation Defense: Should You Settle a Cumulative Trauma Claim?

In California, workers’ compensation claims can be split into two broad categories: 1) Specific industry and 2) Cumulative trauma. Under Cal. Labor Code § 3208.1(b), cumulative trauma is harm “occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical […]

California Court: Workers’ Compensation Claim Only Remedy for Employee Hurt While Leaving Workplace

On October 31, 2023, the California Fourth District Court of Appeal ruled in favor of an employer in the case of Jones v. Regents of the University of California. The court determined that an employee—who was injured while riding her bike leaving on campus after work—was limited to filing a workers’ compensation claim. In this […]

California Announces Temporary Total Disability Rates for 2024—No Changes for Either

On November 27, 2023, the State of California Department of Industrial Relations (DIR) announced the new temporary total disability (TTD) rates for 2024. Here is what to know: No changes were made to TTD rates because State Average Weekly Wage (SAWW) in California did not increase last year. Below, our Fresno workers’ compensation defense law […]

Insurance Agent in California Arrested and Charged With Stealing Workers’ Compensation Premiums from Small Business Owners

According to reporting from the Insurance Journal, an insurance agent in California has been arrested and charged with multiple serious felony criminal offenses for allegedly stealing the workers’ compensation premiums paid by several small businesses. Erin Lee McCarroll of Laguna Beach, CA, was arraigned on 27 criminal counts, including grand theft charges, in the workers’ […]

Three Defense Strategies in Serious and Willful Misconduct Cases in California

While a workers’ compensation claim is generally the exclusive legal remedy that an injured employee has against his or her own company, there is a notable exception to the rule: A serious and willful misconduct claim. An employer could face a big financial hit if a workplace injury happens because of serious and willful misconduct. […]

What Employers Should Know About Remote Workers and Workers’ Compensation in California

A growing share of the American workforce is remote. According to data from the Massachusetts Institute of Technology (MIT), approximately one-quarter of U.S. workers are remote on at least a part-time basis. This raises an important question: Are remote workers covered by workers’ compensation insurance? In California, the answer is “yes”—though these claims can be […]

CALIFORNIA BUSINESS OWNER AND OFFICE COMPLIANCE MANAGER CHARGED IN WORKERS’ COMPENSATION FRAUD CASE

According to a report from the Insurance Journal, a business owner in California has been arrested and charged as part of a workers’ compensation fraud case. Notably, the company’s office compliance manager is also facing criminal workers’ compensation fraud charges. Within this article, our Fresno workers’ compensation defense law firm provides an overview of the […]

HOT WORKPLACES COST MORE? A REPORT ABOUT WORK INJURIES IN CALIFORNIA

Do hot workplaces cost employers more money? From the perspective of workers’ compensation insurance, the answer might be “yes.” According to a report from KEQD, hot workplaces—more specifically, workplaces where workers are exposed to high levels of outdoor heat—are linked to a greater number of workplace injuries and illnesses—20,000 in California alone each year. That […]

THINK YOUR EMPLOYEE’S WORKERS’ COMPENSATION CLAIM IS INVALID: A GUIDE TO WHAT TO DO (AND WHAT NOT TO DO) AS AN EMPLOYER IN CALIFORNIA

All employers in California are required to obtain the proper no-fault workers’ compensation coverage for full-time and part-time employees. A worker who was hurt on the job has a right to file for workers’ compensation benefits. This raises an important question: What should an employer do if they believe that a worker is filing an […]

AN OVERVIEW OF EMPLOYER OPTIONS FOR OFFERING AN INJURED WORKER A POSITION UPON RETURNING TO WORK

Was your employee hurt while on the job? They have the right to file for workers’ compensation benefits and to take time off to recover from their injuries. Once they are ready to do so, they can return to work. There are specific rules and regulations that employers in California must follow when a worker […]