When dealing with Workers’ Compensation Medicare Set-Asides (WCMSAs), one critical phase that often determines the outcome is the review process conducted by the Workers’ Compensation Review Contractor (WCRC). The WCRC plays a pivotal role in ensuring that Medicare’s interests are protected by thoroughly evaluating the adequacy of proposed WCMSA amounts. This blog post will explain […]
When it comes to settling workers’ compensation claims that involve Medicare beneficiaries, one crucial aspect that must be considered is the establishment of a Workers’ Compensation Medicare Set-Aside (WCMSA). A WCMSA allocates a portion of the settlement to cover future medical expenses that would otherwise be paid by Medicare. There are two primary ways to […]
When settling a workers’ compensation claim, particularly when the claimant is a Medicare beneficiary or may soon become one, it is crucial to consider Medicare’s interests regarding future medical expenses. This is where a Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) comes into play. A WCMSA is designed to allocate a portion of the workers’ compensation […]
The Virgil v. State Compensation Insurance Fund decision has not only clarified aspects of combining impairments in workers’ compensation claims but also creates an interesting dialogue with earlier cases, notably the Kite case. Understanding the relationship between these two cases is critical for defense attorneys, as it provides a broader context for interpreting the WCAB’s […]
In a recent decision, Hidalgo v. Ducoing Management, Inc., the Workers’ Compensation Appeals Board (WCAB) addressed whether lodging and food allowances should be included in the calculation of a worker’s wages for temporary disability benefits. The case involved an injured laborer who claimed weekly earnings of $1,658.46, while the employer argued that his earnings were […]
On May 16, 2024, the Fresno Bee reported that California regulators were accusing a business owner in Fresno of workers’ compensation fraud. Heigo Kubar—the former owner of a Fresno-based trucking company—is facing allegations that he underreported company payroll by approximately $2 million. Mr. Kubar is facing three felony criminal counts. He had pleaded not guilty […]
In a recent decision, the California Workers’ Compensation Appeals Board (WCAB) ordered the reconsideration of a denied workers’ compensation claim involving a case of advanced Valley Fever, also known as disseminated coccidioidomycosis. This decision underscores the complexities of proving workplace-related illnesses and the importance of comprehensive evidence and expert testimony. Case Background The case involves […]
In California, employers are required to carry no-fault workers’ compensation insurance coverage for their employees. If a person is hurt on the job, they can file for benefits. However, California Labor Code § 3208.3(d) states that employers cannot be held liable through a workers’ compensation claim for a “psychiatric injury” of an employee who has […]
An employee who is injured on the job has the right to file for workers’ compensation benefits. They cannot be punished for doing so. Indeed, even if an employer believes that a worker is filing a false claim, retaliation should be avoided. Under California Labor Code § 132(a), an employer that engaged in retaliation can […]
In an important decision safeguarding employee medical privacy rights, a panel of the California Workers’ Compensation Appeals Board granted a petition for removal and rescinded a judge’s order requiring an injured worker to disclose her complete 10-year medical treatment history. The case involved Jennifer Reveles, an employee who suffered a workplace injury while employed by […]
