By Michael J. Brady On May 6, 2020, California Governor Gavin Newsom signed an Executive Order creating a rebuttable presumption that COVID-19 (Coronavirus) is a compensable occupational disease for employees who contract the illness and have a positive test within 14 days of performing work at their place of employment. In effect, the Order shifts […]
By Matthew J. Johns By now we are all familiar with the basic requirements to avoid liability for a supplemental job displacement benefit voucher: (1) An Offer of Regular, Alternative or Modified Work, (2) conforming to applicant’s work restrictions, (3) lasting at least 12 months, (4) for at least 85% of pre-injury wages (or 100% […]
Injured workers are entitled to compensation in the form of temporary disability benefits if they are unable to work due to the effects of their industrial injury. Temporary disability may be total or partial. If the injured worker is entirely unable to work after the injury, then the disability is total. If the injured worker […]
By Melissa Noble Many employees have been quick to demand that their employer allow them to work from home to prevent the spread of COVID-19. The unfortunate news for employees, however, is there are no Federal or California laws requiring an employer to allow an employee to work from home. The right to work from […]
The Risk of Being an Illegally Uninsured Employer in California By: Shamyl K. Siddiqi The California Labor Code provides that all employers must be insured for workers’ compensation. This requirement begins when the employer status begins, and it lasts for the duration of the employer status. An employer can meet this obligation either by (1) […]
WHAT TO DO IF YOU RECEIVE A SPECIAL NOTICE OF LAWSUIT A Special Notice of Lawsuit is often your first notice that someone is claiming they were your employee and were hurt on the job. Normally, you will not just receive this document in the mail, but will be handed the form, in person, along […]
The proposal added four areas of regulation regarding Harmful Wildfire Smoke, upon Employers: 1) Identification Regulations; 2) Warning System Regulations; 3) Training Regulations; and 4) Protection and Ramification Regulations.
As you know, Labor Code Section 4658.7(h)(2), requires the Physician’s Return-to-Work (Physician’s RTW) (DWC-AD 10133.36 to fully inform “the employer of work capacities and of activity restrictions resulting from the injury that are relevant to potential regular work, modified work, or alternative work.”
Who does not love to grab a glass of wine during happy hour with your co-workers, especially now that the weather is getting nice? However, like in all situations, the employer must act reasonable in order to avoid being liable for any injuries resulting from intoxication.
By Nicole Rothford When a person is injured arising out of and in the course of employment, they have a statutorily-created process to seek remedy for this industrial injury—the workers’ compensation system. The system is different from state to state, and in California, we have one of the more complex systems, rules and procedures to provide […]
