Category Archives: WCAB

WORKERS’ COMPENSATION IN CALIFORNIA: AN OVERVIEW OF THE ANNUAL REPORTING REQUIREMENTS OF SELF-INSURED EMPLOYERS

California employers are required to provide workers’ compensation insurance coverage to employees, including part-time workers, seasonal staff, and non-traditional employees. There are a few different options to obtain coverage, including self-insurance. Employers in California that have self-insurance are subject to annual reporting requirements. Here, our Fresno workers’ compensation defense law firm provides an overview of […]

WHAT CONSTITUTES SALARY UNDER LABOR CODE SECTION 4850 AND WHO IS ENTITLED TO BENEFITS?

Labor Code § 4850 provides that a public safety worker entitled to a one-year leave of absence and is entitled to full pay without loss of salary.  Labor Code § 4850(a): “Whenever any person listed in subdivision (b), who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or […]

CALIFORNIA WORKERS’ COMPENSATION AFFIRMATIVE DEFENSE: EMPLOYEE INTOXICATION

California requires employers that operate in the state to provide no-fault workers’ compensation coverage. When an employee is hurt on the job, they can claim workers’ compensation benefits—regardless of whether or not their employer bears any responsibility for their injuries/illnesses. However, an employee hurt on the job due to their own intoxication may be denied […]

CALIFORNIA STEPPING UP THE FIGHT AGAINST MEDICAL PROVIDER FRAUD IN THE WORKERS’ COMPENSATION SYSTEM

According to a report from the Insurance Journal, California regulators are stepping up the fight against insurance fraud—especially workers’ compensation fraud committed by medical providers. California Insurance Commissioner, Ricardo Lara, has announced more than $50 million in insurance fraud prevention grants to 34 District Attorneys’ (DA) offices across the state. Notably, a significant portion of […]

REPORT: $15 BILLION IN TOTAL WORKERS’ COMPENSATION LOSSES AND EXPENSES FOR INSURANCE COMPANIES IN 2022

On June 29, 2023, the Insurance Journal reported that the total workers’ compensation-related expenses and losses incurred by insurance companies in California in 2022 is approximately $15 billion. The full report was put together by the Workers’ Compensation Insurance Rating Bureau of California (WCIRB). California state law mandates that workers’ compensation insurers provide comprehensive financial […]

HOW DO SMALL BUSINESSES GET WORKERS’ COMPENSATION INSURANCE COVERAGE IN CALIFORNIA?

Small companies are the backbone of the California economy. According to data from the Small Business Administration (SBA), there are 4.2 million small businesses actively operating in California. Under state law (Labor Code § 3700), all small businesses are required to provide no-fault workers’ compensation coverage As a small business owner or operator, you may […]

CALIFORNIA WORKERS’ COMPENSATION APPEALS BOARD RULES FOR WORKER IN CANCER CLAIM: WHAT EMPLOYERS AND INSURERS CAN LEARN FROM THE DECISION

According to a report from Human Resources Director Magazine, a California Workers’ Compensation Appeals Board (WCAB) has upheld a lower court’s ruling, finding that a claimant’s cancer is reasonably likely to be work-related. It is a noteworthy decision on an important and often misunderstood workers’ compensation claims matter: The extent to which workers’ compensation benefits […]

CALIFORNIA REGULATORS UNCOVER ALLEGED $1.6 MILLION WORKERS’ COMPENSATION FRAUD-SCHEME IN FRESNO COUNTY

According to a report from Insurance Journal, California regulators have uncovered an alleged seven-figure workers’ compensation fraud scheme in the Fresno area. An employer stands accused of intentionally underreporting payroll—thereby unlawfully saving itself approximately more than $100,000.00 in workers’ compensation premiums. Proper reporting of payroll is essential. Within this blog post, our Fresno workers’ compensation […]

WCAB OVERRULES WORK INJURY APPORTIONMENT MADE BY QME

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, […]

WCAB ISSUED UPDATED WORKERS’ COMPENSATION GUIDANCE RELATED TO END OF STATEWIDE COVID-19 EMERGENCY

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 […]