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 […]
According to a report from the Society for Human Resource Management (SHRM), the California Workers’ Compensation Appeals Board (WCAB) has ruled that a workers’ compensation discrimination claim under Labor Code Section 132(a) is a wholly separate legal action from a disability discrimination claim under FEHA, Fair Employment and Housing Act. A worker who had her […]
In California, employees are entitled to receive no-fault workers’ compensation insurance coverage from their employer. If an employee is hurt on the job, he/she has the right to file for workers’ compensation benefits regardless of how and why the accident occurred. However, they do not have an unlimited amount of time to bring the case. […]
According to a report from Business Insurance, a California appellate court has ruled in favor of a private company—finding that the state’s exclusive remedy presumption for workers’ compensation insurance prohibits the employee from filing a personal injury claim against that contractor. Here, our Sacramento workers’ compensation defense lawyer offers a more detailed account of the […]
According to a report from Human Resources Director California, Central Concrete Supply Company—a contractor based in San Jose, CA—is challenging an employee’s workers’ compensation claim on the grounds that services were received that were not “reasonable and necessary.” In this article, our Bakersfield workers’ compensation defense attorney provides a more detailed account of the dispute […]
According to a report from the Del Mar Times, a Southern California surgeon has pled guilty to taking illegal kickbacks and defrauding the state’s workers’ compensation claims system. Lokesh S. Tantuwaya, 55 of San Diego, allegedly accepted more than $3 million in bribes as part of a more complex healthcare fraud scheme. In this blog […]
