Workers’ compensation insurance provides an important form of legal protection for companies and organizations. An employee cannot sue an employer for a job-related injury. However, a specialized section of California law (Labor Code § 4553) allows workers to seek additional damages from an employer if they were hurt due to “serious and willful” misconduct. The […]
According to a report from Safety + Health Magazine. California regulators have suspended several dozen medical providers from the state’s workers’ compensation system. The Department of Industrial Relations (DIR) confirms that 178 medical providers have been barred from workers’ compensation cases. Here, our Bakersfield workers’ compensation defense attorney explains why medical providers were suspended from […]
According to a report from Insurance Journal, it takes significantly longer to close the average workers’ compensation claim in California than it does in most other states. While it takes seven years for 90% of workers’ compensation claims to be closed in California, it only takes three years to do so in the median U.S. […]
In October, California Governor Gavin Newsom announced the “End the COVID-19 State of Emergency.” The proclamation comes as part of the state’s more comprehensive “SMARTER Plan” for dealing with the public health threat posed by the virus going forward. The lifting of the COVID-19 State of Emergency in California does have some implications for workers’ […]
On October 11, 2022, the California Department of Insurance announced that the Central Valley Workers’ Compensation Fraud Task Force has uncovered a multi-million dollar workers’ compensation fraud scheme in Fresno. A husband, wife, and their daughter (Karamjit Nijjar, Rajinder Kaur Nijjar, and Mandip Nijjar) were arraigned on felony workers’ compensation fraud charges for allegedly underreporting […]
An injured employee has the right to seek workers’ compensation benefits for a permanent disability. To obtain workers’ compensation benefits for permanent disability, a claimant must prove that he or she was hurt within the course and scope of employment. However, this is not always an “either/or” proposition. A pre-existing injury/condition could be a factor. […]
Since the COVID-19 pandemic hit California in March 2020, occupational infections have been a big part of the discussion around workers’ compensation. Of course, occupational infection issues are by no means new in California. The law is clear: Workers’ compensation covers occupational infections—but the applicant must establish causation. There have been two recent panel opinions […]
Employers in California must provide workers’ compensation coverage to all of their employees (Labor Code § 3700). There are serious legal consequences for the failure to do so. This raises an important question: Can an uninsured employer be sued by an injured worker in California? The answer is a clear and resounding ‘yes’—uninsured employers are […]
According to a report from the Sacramento Bee, a court has decided to drop workers’ compensation fraud charges against three individuals who were collectively accused of defrauding the system out of more than $125,000.00 in workers’ compensation premiums. A last-minute piece of key evidence regarding intent changed the situation. The criminal workers’ compensation fraud trial […]
On September 28, 2022, the State of California Department of Industrial Relations (DIR) announced citations against home health care placement agencies for misclassifying workers. Altogether, the employers will be required to pay more than $1.8 million in financial penalties. More than five dozen workers were affected by the misclassification. The improper classification of employees is […]
