According to data published by the California Department of Public Health, the Delta variant has quickly become the dominant strain of COVID-19 in the state. It is now responsible for most COVID-19 cases in California. With the Delta variant surge has come another spike in COVID-19-related workers’ compensation claims. Here, our Fresno workers’ compensation defense […]
According to reporting from Fortune Magazine, long-haul COVID-19 is creating some workers’ compensation-related challenges in California and throughout the United States. Below, our California workers’ compensation defense attorneys discuss long-haul COVID-19 and workers’ compensation claims. What is Long-Haul COVID-19? Also referred to simply as “long COVID” and “post-COVID-19 syndrome,” long-haul COVID-19 is a complex condition […]
California requires employers to provide no-fault workers’ compensation benefits to their employees. Any employee who suffers a job-related injury or impairment has the right to file for workers’ compensation benefits without any “pushback” from their employer. Under California Labor Code Section 132(A), “it is the declared policy of this state that there should not be […]
According to a report from My News LA, a Riverside County, California man has agreed to plead guilty in a workers’ compensation fraud claim. Angel Luis Maces, 24 of San Jacinto, was charged after allegedly faking a work-related injury in order to collect thousands in undue workers’ compensation benefits. In this article, our Fresno workers’ […]
An employer may receive notice that a disgruntled former employee has filed a workers’ compensation claim alleging a psychiatric injury after being fired or laid off. However, the employer may not necessarily be liable for the claimed injury thanks to the post-termination defense pursuant to Labor Code Section 3208.3(e). The legislature has specifically enacted a […]
Workers’ compensation insurance helps to ensure that people hurt on the job have access to medical care and financial support. Workers’ compensation benefits are no-fault: An employee can recover compensation regardless of whether the employer caused the accident. In turn, workers’ compensation is a sole legal remedy for injured employees. Workers generally cannot file a […]
Passed by the United States Congress in 1970, the Occupational Safety and Health Act created “OSHA”—the federal agency responsible for setting and enforcing certain workplace safety standards. Notably, the federal law grants states the authority to manage their own OSHA programs as long as certain requirements are met. The Division of Occupational Safety and Health […]
Subrogation issues are often among the most complicated aspects of a workers’ compensation claim. As simply defined by Black’s Law Dictionary, subrogation allows one party to recoup costs from another. In workers’ compensation claims, subrogation may allow an insurer or employer to recover costs paid from another party. One of the key things to know […]
While most of our cases in the workers’ compensation system have the standard defense attorney vs. applicant’s attorney dichotomy, we have all come to expect, there are those applicants who still wish to keep things more informal and seek to represent their own interests. In those unique situations, we need to keep perspective on how […]
The California Department of Industrial Relations is clear: “California employers are required by law to have workers’ compensation insurance, even if they have only one employee.” A business or nonprofit organization that improperly fails to provide workers’ compensation coverage may face serious sanctions. In this blog post, our Fresno workers’ compensation defense lawyers highlight the […]
