In a 2023 panel case Richard Beck v. Cal Trans, State Compensation Insurance Fund, 2023 Cal. Wrk. Comp. P.D. LEXIS 248, involving a 58-year-old heavy equipment operator who suffered a hand and wrist injury in 2012, the Workers’ Compensation Appeals Board (WCAB) denied the defendant’s petition for the extraordinary remedy of removal after a judge […]
A recent en banc decision from California’s Workers’ Compensation Appeals Board serves as a stern warning to attorneys: abuse of legal procedures to cause delay will not be tolerated and can result in severe monetary sanctions. In the consolidated matter of Alfredo Ledezma et al. v. Kareem Cart Commissary and Mfg., the Appeals Board imposed […]
What happens if one of your employees aggravates a pre-existing injury while on the job? The short answer is that they can still file for workers’ compensation insurance benefits. That being said, depending on the specific situation, the cost of the claim may be covered, at least in part, by our state’s Subsequent Injuries Benefits […]
On March 21, 2024, CBS News reported that a former human resources (HR) manager in San Francisco misappropriated more than $600,000.00 in workers’ compensation funds. Stanley Ellicott has been arrested and is now facing dozens of serious criminal charges. Within this article, our Fresno workers’ compensation defense attorney provides a more comprehensive discussion of the […]
Under California state law, employers must get workers’ compensation coverage for their employees. In California, an uninsured employer is “any employer who has failed to secure the payment of compensation as required by Labor Code Section 3700” (§15560). What happens if your company has failed to get insurance coverage? You need to take proactive measures […]
On March 4, 2024, the Insurance Journal reported that cumulative trauma claims represent a disproportionate share of the workers’ compensation cases that end up in litigation. As part of a major study, researchers studied a representative region in the Los Angeles Basin to assess the outcome of claims. Businesses, claims administrators, and insurers should be […]
As explained by the California Department of Insurance, employers are required to purchase and maintain no-fault workers’ compensation insurance for their employees. Workers are generally covered as long as they were hurt within the “course and scope” of their employment. What happens if your employee is engaged in off-site travel? This is where California’s commercial […]
While workers’ compensation is generally the sole remedy that an injured worker has against their own employer, a company could face a serious and willful misconduct claim if gross negligence or an intentional safety violation caused that worker’s injury. This raises an important question: Is an employer still liable if an employee was responsible for […]
In California, businesses and organizations are required to obtain and maintain no-fault workers’ compensation coverage for their employees. An employer that is uninsured is in violation of the law—and, as such, could face civil and even criminal sanctions. What happens if coverage lapses for a short period of time? The short answer is that an […]
Did an employee at your company file for workers’ compensation benefits? Employers—and their insurers and claims administrators—have the right to review the claim and approve or deny it based on the information provided. In general, the deadline to deny a workers’ compensation claim in California is 90 days. Here, our Fresno workers’ compensation defense attorney […]
