Monthly Archives: January 2025

2025 Flashback: How South Coast Framing (2015) Still Impacts Workers’ Compensation Death Claims

It has been a decade since the California Supreme Court decided South Coast Framing, Inc. v. Workers’ Compensation Appeals Board (Clark) (2015) 61 Cal.4th 291. Despite the passage of time, this case remains a cornerstone for understanding causation in death claims—especially when multiple medications (both industrial and nonindustrial) are involved. Brief Recap Practical Takeaways for […]

Cancer Presumption Extended to Probation Officer Performing Peace Officer Duties During Emergency Wildfire Response

In Henderson v. County of Butte Probation Department, a significant workers’ compensation decision, the WCAB has affirmed that a probation officer who performed peace officer duties during emergency response to California wildfires qualified for the cancer presumption under Labor Code § 3212.1. The case expands the application of the cancer presumption to probation officers when […]

Time is NOT on Your Side: Your Quick Guide to WCAB Appeals

If you are handling California workers’ compensation claims, keeping track of Workers’ Compensation Appeals Board (WCAB) and appellate deadlines is critical. Missing an appeal deadline can have serious consequences for your case. Here is what you need to know about the most important timeframes. Petition for Reconsideration – 20 Days (Labor Code §§ 5900, 5903) […]

Good News for Claims: WCAB Rejects Bad Faith Sanctions in Interpreter Fee Dispute

In State Compensation Insurance Fund v. WCAB (2024 Cal. Wrk. Comp. P.D. LEXIS), the WCAB has provided much-needed clarity on interpreter fee disputes that significantly benefit claims administrators. The decision addresses two critical issues: the establishment of interpreter market rates and when disputing such rates constitutes bad faith under Labor Code Section 5813. Market Rate […]