Monthly Archives: November 2024

When Workers’ Compensation Does Not Apply: Lessons from Pineda v. D. John Roser, Inc.

At Yrulegui & Roberts, we represent employers and insurers in navigating the complexities of workers’ compensation law. The recent case Jose Pineda v. D. John Roser, Inc. serves as an instructive analysis of the applicability of Labor Code Section 3352(a)(8), the presumption of employment under Section 2750.5, and the legal distinction between personal and business […]

When Medical Opinions Fall Short: WCAB Emphasizes Proper Standards in Workers’ Compensation Cases

In workers’ compensation cases, proving causation between an injury or condition and an employee’s workplace activities is a critical step. However, the burden of proof in these cases is unique to the workers’ compensation system, relying on the standard of “reasonable medical probability.” A recent decision by the Workers’ Compensation Appeals Board (WCAB) underscores the […]

Honoring Veterans in the Workplace: The Intersection of California Workers’ Compensation and Veterans Day

As we observe Veterans Day, it is a fitting time to reflect on the significant contributions of veterans in our communities and workplaces. For those who own businesses or manage employees in California, supporting veterans extends beyond acknowledging their service—it involves creating a safe and inclusive work environment that protects and empowers them. Here at […]

Mastering QME Panel Replacements: A Deep Dive into California Code of Regulations Section 31.5

Navigating the complexities of California’s workers’ compensation system can be overwhelming, especially when it comes to medical evaluations that can make or break a case. One regulation that plays a crucial role in ensuring fairness and efficiency is California Code of Regulations, Section 31.5, which governs the process of obtaining a replacement Qualified Medical Evaluator […]

Understanding California Code of Regulations Section 10545: Petition for Costs in Workers’ Compensation Cases

In the workers’ compensation system, various costs may arise that are not typically recoverable as liens under Labor Code Section 4903. California Code of Regulations Section 10545 outlines the procedure for filing a Petition for Costs when seeking reimbursement for certain expenses or services. This regulation helps parties in a workers’ compensation case—such as employees, […]