While a workers’ compensation claim is generally the sole legal remedy that injured workers have against their own employer in California, there is an exception for harm caused by “serious and willful misconduct.” An employer facing this type of claim may be weighing the risks of negotiating a settlement versus raising a zealous defense. In […]
California has some of the strongest and most comprehensive legal protections for injured workers in the entire country. Under California law (Labor Code § 132(a)), all employees covered by workers’ compensation have a right to file for benefits. An employer cannot lawfully discriminate against them, retaliate against them, or otherwise take adverse action against them […]
Small companies are the backbone of the California economy. According to data from the Small Business Administration (SBA), there are 4.2 million small businesses actively operating in California. Under state law (Labor Code § 3700), all small businesses are required to provide no-fault workers’ compensation coverage As a small business owner or operator, you may […]
According to a report from Human Resources Director Magazine, a California Workers’ Compensation Appeals Board (WCAB) has upheld a lower court’s ruling, finding that a claimant’s cancer is reasonably likely to be work-related. It is a noteworthy decision on an important and often misunderstood workers’ compensation claims matter: The extent to which workers’ compensation benefits […]
Did you know that California’s workers’ compensation insurance system is the single largest privately administered social benefits system in the entire world? Our state also has one of the most complex and comprehensive workers’ compensation systems. For employers, claims administrators, and insurers navigating the process, there are many different circumstances in which they could benefit […]
In May 2023, the California Workers’ Compensation Institute (CWCI) published a comprehensive report on Independent Medical Reviews (IMR). Since it was put into place by California regulators, the IMR system in California has played a major role in workers’ compensation. The report from the CWCI assesses the efficacy of the state’s Independent Medical Review process. […]
A workers’ compensation claim is generally the sole remedy an injured employee has against his or her own company in California—but there are some exceptions. A serious and willful misconduct claim is a cause of action that an employee can take if they suffer an injury caused by an employer’s deliberate or egregiously reckless failure […]
Subrogation is one of the most important, complex, and least understood aspects of insurance claims. Investopedia defines subrogation simply as the general right that insurance companies have to “pursue a third party that caused an insurance loss to the insured.” At Yrulegui & Roberts, our firm has extensive experience handling a wide range of subrogation-related […]
According to a report from Insurance Journal, California regulators have uncovered an alleged seven-figure workers’ compensation fraud scheme in the Fresno area. An employer stands accused of intentionally underreporting payroll—thereby unlawfully saving itself approximately more than $100,000.00 in workers’ compensation premiums. Proper reporting of payroll is essential. Within this blog post, our Fresno workers’ compensation […]
On March 21, 2023, the Workers’ Compensation Board of Appeals (WCAB) overturned a work injury “apportionment” made by a Qualified Medical Evaluator (QME) in the case of Monter v. Randstad North America, Inc.. In doing so, the WCAB awarded additional workers’ compensation benefits to the claimant. The decision is instructive for employers and insurers. Here, […]
