Category Archives: Workers’ Compensation

CALIFORNIA LAW BARS INJURED EMPLOYEE FROM FILING PERSONAL INJURY LAWSUIT AGAINST CONTRACTOR

According to a report from Business Insurance, a California appellate court has ruled in favor of a private company—finding that the state’s exclusive remedy presumption for workers’ compensation insurance prohibits the employee from filing a personal injury claim against that contractor. Here, our Sacramento workers’ compensation defense lawyer offers a more detailed account of the […]

CALIFORNIA EMPLOYER LOCKED IN WORKERS’ COMPENSATION DISPUTE OVER WHETHER MEDICAL SERVICES WERE “REASONABLE AND NECESSARY”

According to a report from Human Resources Director California, Central Concrete Supply Company—a contractor based in San Jose, CA—is challenging an employee’s workers’ compensation claim on the grounds that services were received that were not “reasonable and necessary.” In this article, our Bakersfield workers’ compensation defense attorney provides a more detailed account of the dispute […]

SOUTHERN CALIFORNIA PHYSICIAN PLEADS GUILTY IN WORKERS’ COMPENSATION FRAUD CASE—ACCEPTED ILLEGAL KICKBACKS

According to a report from the Del Mar Times, a Southern California surgeon has pled guilty to taking illegal kickbacks and defrauding the state’s workers’ compensation claims system. Lokesh S. Tantuwaya, 55 of San Diego, allegedly accepted more than $3 million in bribes as part of a more complex healthcare fraud scheme. In this blog […]

DEFENDING A WORKERS’ COMPENSATION CLAIM ON THE GROUNDS OF “INTENTIONALLY SELF-INFLICTED” INJURY

As stated straightforwardly by the California Department of Industrial Relations (DIR), all employers in the state must comply with the statutory mandate to provide workers with no-fault workers’ compensation coverage. California workers’ compensation allows injured employees to recover benefits regardless of fault—but there is a strict exception for intentional or self-inflicted injuries. Here, our Salinas […]

WCAB RULES THAT IDL PAYMENTS CAN BE COUNTED AS PART OF “WORKERS’ COMPENSATION” IN SERIOUS AND WILLFUL MISCONDUCT CASE

Earlier this year, the Workers’ Compensation Appeals Board (WCAB) issued an instructive decision in the case of Ayala v. Department of Corrections and Rehabilitation/Lancaster State Prison. The Board found that it has the authority to increase IDL payments by 50% on the grounds of an employer’s serious and willful misconduct. Here, our Fresno workers’ compensation […]

YELLOWSTONE ACTRESS CHARGED WITH FELONY WORKERS’ COMPENSATION FRAUD IN CALIFORNIA

On July 11, 2022, the California Department of Insurance announced that Q’Orianka Kilcher—a 32-year-old North Hollywood, CA actress famous for her role on the hit TV show ‘Yellowstone’—has been charged with two felony counts of workers’ compensation fraud. Authors contend that Ms. Kilcher collected more than $90,000.00 of workers’ compensation disability benefits that were not […]

UNINSURED EMPLOYER DEFENSE: HOW TO RESPOND TO A SPECIAL NOTICE OF LAWSUIT (SNOL) IN CALIFORNIA

The California Department of Industrial Relations (DIR) is clear: Employers in our state “are required by law to have workers’ compensation insurance.” An uninsured employer could face several different sanctions, including: Civil legal action in the form of personal injury liability; A state-issued fine that could be as high as $10,000.00 per worker; A doubling […]

WCAB DECISION: EMPLOYEE’S IMPENDING RAISE SHOULD HAVE BEEN INCLUDED WHEN CALCULATING AVERAGE WEEKLY WAGES

Earlier this year, the Workers’ Compensation Appeals Board (WCAB) reached a decision in the case of Cory Sather, Applicant v. Trion Solutions, Inc.,—a dispute over the proper calculation of average weekly wages for workers’ compensation benefits. The WCAB concluded that the employer/insurer should have included a worker’s impending raise when calculating workers’ compensation benefits. Here, […]

CALIFORNIA BUSINESS OWNER ARRAIGNED FOR WORKERS’ COMPENSATION FRAUD (UNDERREPORTED PAYROLL)

On June 16, 2022, the California Department of Insurance announced that Gamlet Abramian, a 47-year-old business owner from Los Angeles County, has been arraigned on workers’ compensation fraud charges. Prosecutors contend that Mr. Abramian knowingly and willfully misreported payroll, thereby underpaying workers’ compensation insurance premiums by at least $212,667.00. Here, our Fresno workers’ compensation defense […]

REPORT: SHARE INCREASE IN MED-LEGAL WORKERS’ COMPENSATION COSTS IN FIRST HALF OF 2022

Costs are rising across the United States. Recently, Bloomberg News reported that the national inflation rate hit a 40-year high. The medical and legal costs of workers’ compensation in California are rising sharply as well. On June 5, 2022, the Insurance Journal reported that costs for resolving workers’ compensation disputes are rising even faster than […]