Category Archives: WCAB

Proposed Law: California Bill Would Require Employers to Notify Employees of Right to Hire Lawyer in Workers’ Compensation Claim

On January 24, 2024, Business Insurance reported that a proposed state law would require all employers to change their workers’ compensation notification to clarify and emphasize an injured worker’s right to consult with an attorney. Here, our Bakersfield workers’ compensation defense law firm provides an overview of the proposed law that would put additional obligations […]

Contractor Sentenced in Workers’ Compensation Fraud Case in Simi Valley, California

According to a report from Hoodline, a contractor in Simi Valley was sentenced as part of a workers’ compensation fraud case. Mauricio Torres—the owner of a company called Vero’s Tree Service—was sentenced to one year of probation, fined $10,000.00, and ordered to pay financial restitution for knowingly failing to obtain mandatory workers’ compensation insurance coverage. […]

Workers’ Compensation Defense: Should You Settle a Cumulative Trauma Claim?

In California, workers’ compensation claims can be split into two broad categories: 1) Specific industry and 2) Cumulative trauma. Under Cal. Labor Code § 3208.1(b), cumulative trauma is harm “occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical […]

CALIFORNIA BUSINESS OWNER AND OFFICE COMPLIANCE MANAGER CHARGED IN WORKERS’ COMPENSATION FRAUD CASE

According to a report from the Insurance Journal, a business owner in California has been arrested and charged as part of a workers’ compensation fraud case. Notably, the company’s office compliance manager is also facing criminal workers’ compensation fraud charges. Within this article, our Fresno workers’ compensation defense law firm provides an overview of the […]

HOT WORKPLACES COST MORE? A REPORT ABOUT WORK INJURIES IN CALIFORNIA

Do hot workplaces cost employers more money? From the perspective of workers’ compensation insurance, the answer might be “yes.” According to a report from KEQD, hot workplaces—more specifically, workplaces where workers are exposed to high levels of outdoor heat—are linked to a greater number of workplace injuries and illnesses—20,000 in California alone each year. That […]

ANALYSIS: CALIFORNIA WORKERS’ COMPENSATION LOSSES PAID OUT INCREASED FOLLOWING SENATE BILL 863

According to a report from the Insurance Journal, the total amount of workers’ compensation losses paid has gradually increased over the past decade. Notably, this comes after the passing of Senate Bill 863 (SB 863), which reformed the handling of medical treatment disputes in workers’ compensation claims in California. SB 863 was signed into law […]

FOUR PROBLEMS THAT UNINSURED EMPLOYERS IN CALIFORNIA MAY DEAL WITH AFTER A WORKPLACE ACCIDENT

The Department of Industrial Relations (DIR) explains that all employers in California are legally required to purchase no-fault workers’ compensation coverage. Should they fail to do so, they are an improperly uninsured employer. Employers that are uninsured can face major problems if one of their workers is hurt on the job. Here, our Sacramento workers’ […]

DO EMPLOYERS IN CALIFORNIA HAVE THE RIGHT TO DENY A WORKERS’ COMPENSATION CLAIM FOR LATE NOTICE?

California law requires all companies and organizations that have employees within the state to obtain the appropriate no-fault workers’ compensation insurance coverage. California workers’ compensation laws put legal responsibilities on both employers and employees. What happens if an employee is late to report their work injury? It could be a good cause to deny their […]

WHAT EVIDENCE CAN CALIFORNIA EMPLOYERS USE TO DEFEND A SERIOUS AND WILLFUL MISCONDUCT CLAIM?

Following a job-related injury, a workers’ compensation claim is generally the sole legal remedy that an employee has against their own employer. However, in California, there is the big exception of the accident caused by “serious and willful” misconduct on the part of the employer. Under California Labor Code § 4553, an injured worker can […]

CAN YOU FIRE AN EMPLOYEE FOR MAKING A FALSE WORKERS’ COMPENSATION CLAIM IN CALIFORNIA?

Employers in California are legally required to provide no-fault workers’ compensation insurance coverage for their staff. When someone is hurt on the job, they have the right to file for workers’ compensation benefits without fear of facing retribution. This raises an important question: What rights do employers have when an employee files a fraudulent workers’ […]