The recent en banc decision in Virgil v. County of Kern has set a new benchmark in the interpretation of workers’ compensation laws, particularly regarding the evaluation of permanent disabilities and the principles of apportionment. This case provides critical guidance for defense attorneys who navigate the complexities of workers’ compensation claims. Here, the attorneys at […]
In the recent case of Hever Rivera Flores v. L.A. Specialty Food Produce Company, Inc., the Workers’ Compensation Appeals Board (WCAB) made a pivotal ruling that underscores the complexity of calculating Average Weekly Earnings (AWE) during extraordinary times, such as the COVID-19 pandemic. Background The applicant, an employee of L.A. Specialty Food Produce Company, Inc., […]
In a recent decision, Hidalgo v. Ducoing Management, Inc., the Workers’ Compensation Appeals Board (WCAB) addressed whether lodging and food allowances should be included in the calculation of a worker’s wages for temporary disability benefits. The case involved an injured laborer who claimed weekly earnings of $1,658.46, while the employer argued that his earnings were […]
A worker who is injured on the job in California has the right to claim no-fault benefits. He or she is covered even if the employer did nothing wrong. With that being said, employers do have certain workers’ compensation defense options. An employer has the right to deny a workers’ compensation claim if the employee’s […]
The California Department of Industrial Relations (DIR) is very clear: state law “requires all employers to have workers’ compensation insurance.” An uninsured employer in California can face very serious sanctions. Notably, an employer could even be required to pay higher workers’ compensation rates once they get re-insured. Here, our Sacramento workers’ compensation defense law firm […]
On May 16, 2024, the Fresno Bee reported that California regulators were accusing a business owner in Fresno of workers’ compensation fraud. Heigo Kubar—the former owner of a Fresno-based trucking company—is facing allegations that he underreported company payroll by approximately $2 million. Mr. Kubar is facing three felony criminal counts. He had pleaded not guilty […]
In a recent decision, the California Workers’ Compensation Appeals Board (WCAB) granted a Petition for Reconsideration in Cisneros v. Los Angeles Unified School District, a case involving a healthcare assistant’s psychiatric injury claim following the enforcement of a mandatory COVID-19 vaccination policy. Within this blog post, our Fresno workers’ compensation defense lawyer discusses the allegations […]
In a recent decision, the California Workers’ Compensation Appeals Board (WCAB) ordered the reconsideration of a denied workers’ compensation claim involving a case of advanced Valley Fever, also known as disseminated coccidioidomycosis. This decision underscores the complexities of proving workplace-related illnesses and the importance of comprehensive evidence and expert testimony. Case Background The case involves […]
In California, employers are required to carry no-fault workers’ compensation insurance coverage for their employees. If a person is hurt on the job, they can file for benefits. However, California Labor Code § 3208.3(d) states that employers cannot be held liable through a workers’ compensation claim for a “psychiatric injury” of an employee who has […]
An employee who is injured on the job has the right to file for workers’ compensation benefits. They cannot be punished for doing so. Indeed, even if an employer believes that a worker is filing a false claim, retaliation should be avoided. Under California Labor Code § 132(a), an employer that engaged in retaliation can […]
