In California workers’ compensation law, most injuries that occur in the workplace or arise out of an employee’s job duties are considered compensable under the “arising out of and occurring in the course of employment” (AOE/COE) standard. However, certain circumstances can remove an injury from coverage—even if it happened during work hours or on the […]
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 […]
In California workers’ compensation cases, there is a principle known as the “initial physical aggressor” defense that can prevent an employee from receiving benefits for injuries sustained due to physical altercations. This defense applies when the injured employee was the initial physical aggressor in starting an incident through assaultive or provocative words or conduct. The […]
According to a report from the California Globe, a recently proposed state law (California Senate Bill 636 (SB 636)) would require the use of a California-licensed physician for a utilization review in a workers’ compensation claim. Within this article, our Bakersfield workers’ compensation defense attorney highlights the key things employers, claims administrators, and insurance companies […]
On January 26, 2022, the California Department of Industrial Relations (DIR) published an official news release reminding employers in the state of their duty to post a legally-compliant annual summary of work-related injuries and illnesses. Here, our California workers’ compensation defense attorneys explain the key things employers should know about their duty to post an […]
