In a recent panel decision by the Workers’ Compensation Appeals Board (WCAB), Byers v. Sonsray Machinery, the Board provided critical insights into the standards for Qualified Medical Evaluator (QME) disqualification and the burden of proof required to challenge the adequacy of a QME’s examination. The decision, which addresses a petition filed by an applicant challenging […]
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 […]
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 […]
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 […]
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 […]
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, […]
In the context of workers’ compensation defense, procedural rules are essential to ensure that cases progress smoothly through the legal system. One such regulation, California Code of Regulations Section 10510, outlines the correct procedures for filing petitions and answers when requesting action from the Workers’ Compensation Appeals Board (WCAB). Whether you are petitioning for a […]
When it comes to workers’ compensation, medical disputes can feel like an endless game of “Doctor, Doctor!” Fortunately, California Code of Regulations §9767.7 provides a clear roadmap for when an employee is not quite feeling what the primary treating physician is dishing out. At Yrulegui & Roberts, we love helping employers, insurers, and claims adjusters […]
In workers’ compensation law, some cases can stall for long periods, either due to inactivity by the applicant or delays in pursuing necessary steps to move the claim forward. To prevent such cases from lingering indefinitely, California Code of Regulations Section 10550 provides a mechanism for dismissing inactive cases after a year of inactivity. This […]
In California’s workers’ compensation system, medical evaluations are often the battleground where key disputes over treatment and disability ratings are resolved. As a defense attorney, protecting the interests of employers and insurance carriers requires a solid understanding of Labor Code 4062.3, which governs communication with medical evaluators, particularly Qualified Medical Evaluators (QMEs) and Agreed Medical […]
