On March 21, 2023, the Workers’ Compensation Board of Appeals (WCAB) overturned a work injury “apportionment” made by a Qualified Medical Evaluator (QME) in the case of Monter v. Randstad North America, Inc.. In doing so, the WCAB awarded additional workers’ compensation benefits to the claimant. The decision is instructive for employers and insurers. Here, […]
On March 22, 2023, the California Workers’ Compensation Appeals Board (WCAB) issued an En Banc ruling regarding the end of our state’s COVID-19 emergency. (Case No. MISC. NO. 268). Below, our California workers’ compensation defense lawyers highlight the essential things that you should know about the recent WCAB updated guidance regarding COVID-19 emergency workers’ compensation […]
An employee who was hurt on the job in California has a right to file for no-fault workers’ compensation benefits. As an employer, you are required to obtain and maintain the proper workers’ compensation insurance coverage for your employees. Employers cannot discriminate against an employee who was injured on the job or retaliate against an […]
According to a report from Human Resources Director (HRD), the Workers’ Compensation Appeals Board (WCAB) has overruled a judge, finding that a delivery driver who tripped and injured his ankle is entitled to workers’ compensation benefits. The judge had initially ruled that the worker had failed to credibly establish that his injury was “job-related.” The […]
The issue of commuting attorney’s fees from the far end of the Award when a case is settled by Stipulations with Request for Award is one that is normally not fought over or discussed. Recently, I heard an argument over this issue on a Mandatory Settlement Conference line and it was clear the Judge did […]
According to a report from Insurance Journal, it takes significantly longer to close the average workers’ compensation claim in California than it does in most other states. While it takes seven years for 90% of workers’ compensation claims to be closed in California, it only takes three years to do so in the median U.S. […]
In October, California Governor Gavin Newsom announced the “End the COVID-19 State of Emergency.” The proclamation comes as part of the state’s more comprehensive “SMARTER Plan” for dealing with the public health threat posed by the virus going forward. The lifting of the COVID-19 State of Emergency in California does have some implications for workers’ […]
An injured employee has the right to seek workers’ compensation benefits for a permanent disability. To obtain workers’ compensation benefits for permanent disability, a claimant must prove that he or she was hurt within the course and scope of employment. However, this is not always an “either/or” proposition. A pre-existing injury/condition could be a factor. […]
Workers’ compensation is complicated. Most years bring some modest (or sometimes major) legal and legislative changes. Employers, claims administrators, and insurance companies should all understand their responsibilities under California law. In this blog post, our Fresno workers’ compensation defense attorneys highlight four key things to know about workers’ compensation laws and regulations for 2022. Average […]
