Category Archives: Workers’ Compensation

Time is NOT on Your Side: Your Quick Guide to WCAB Appeals

If you are handling California workers’ compensation claims, keeping track of Workers’ Compensation Appeals Board (WCAB) and appellate deadlines is critical. Missing an appeal deadline can have serious consequences for your case. Here is what you need to know about the most important timeframes. Petition for Reconsideration – 20 Days (Labor Code §§ 5900, 5903) […]

Good News for Claims: WCAB Rejects Bad Faith Sanctions in Interpreter Fee Dispute

In State Compensation Insurance Fund v. WCAB (2024 Cal. Wrk. Comp. P.D. LEXIS), the WCAB has provided much-needed clarity on interpreter fee disputes that significantly benefit claims administrators. The decision addresses two critical issues: the establishment of interpreter market rates and when disputing such rates constitutes bad faith under Labor Code Section 5813. Market Rate […]

Taking Care of What Matters Most: Holiday Reflections from Yrulegui & Roberts

As another holiday season comes to a close here in California, our team at Yrulegui & Roberts has been reflecting on what truly matters – the invaluable gift of time with family and loved ones. In our line of work defending workers’ compensation cases across the Central San Joaquin Valley and beyond, we are constantly […]

WCAB Decision Highlights Key Defense Strategies for Challenging QME Disqualification

In a recent panel decision by the Workers’ Compensation Appeals Board (WCAB), Byers v. Sonsray Machinery, the Board provided critical insights into the standards for Qualified Medical Evaluator (QME) disqualification and the burden of proof required to challenge the adequacy of a QME’s examination. The decision, which addresses a petition filed by an applicant challenging […]

When Workers’ Compensation Does Not Apply: Lessons from Pineda v. D. John Roser, Inc.

At Yrulegui & Roberts, we represent employers and insurers in navigating the complexities of workers’ compensation law. The recent case Jose Pineda v. D. John Roser, Inc. serves as an instructive analysis of the applicability of Labor Code Section 3352(a)(8), the presumption of employment under Section 2750.5, and the legal distinction between personal and business […]

Honoring Veterans in the Workplace: The Intersection of California Workers’ Compensation and Veterans Day

As we observe Veterans Day, it is a fitting time to reflect on the significant contributions of veterans in our communities and workplaces. For those who own businesses or manage employees in California, supporting veterans extends beyond acknowledging their service—it involves creating a safe and inclusive work environment that protects and empowers them. Here at […]

Mastering QME Panel Replacements: A Deep Dive into California Code of Regulations Section 31.5

Navigating the complexities of California’s workers’ compensation system can be overwhelming, especially when it comes to medical evaluations that can make or break a case. One regulation that plays a crucial role in ensuring fairness and efficiency is California Code of Regulations, Section 31.5, which governs the process of obtaining a replacement Qualified Medical Evaluator […]

Understanding California Code of Regulations Section 10510: Filing Petitions and Answers in Workers’ Compensation Cases

In the context of workers’ compensation defense, procedural rules are essential to ensure that cases progress smoothly through the legal system. One such regulation, California Code of Regulations Section 10510, outlines the correct procedures for filing petitions and answers when requesting action from the Workers’ Compensation Appeals Board (WCAB). Whether you are petitioning for a […]

Second Opinions, Third Opinions, Oh My! A Fun Guide to California Code of Regulations §9767.7 for Workers’ Compensation Defense

When it comes to workers’ compensation, medical disputes can feel like an endless game of “Doctor, Doctor!” Fortunately, California Code of Regulations §9767.7 provides a clear roadmap for when an employee is not quite feeling what the primary treating physician is dishing out. At Yrulegui & Roberts, we love helping employers, insurers, and claims adjusters […]

Navigating California Code of Regulations Section 10550: Dismissing Inactive Workers’ Compensation Cases

In workers’ compensation law, some cases can stall for long periods, either due to inactivity by the applicant or delays in pursuing necessary steps to move the claim forward. To prevent such cases from lingering indefinitely, California Code of Regulations Section 10550 provides a mechanism for dismissing inactive cases after a year of inactivity. This […]