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 […]
In a 2023 panel case Richard Beck v. Cal Trans, State Compensation Insurance Fund, 2023 Cal. Wrk. Comp. P.D. LEXIS 248, involving a 58-year-old heavy equipment operator who suffered a hand and wrist injury in 2012, the Workers’ Compensation Appeals Board (WCAB) denied the defendant’s petition for the extraordinary remedy of removal after a judge […]
In California workers’ compensation cases, there is a principle known as the “initial physical aggressor” defense that can prevent an employee from receiving benefits for injuries sustained due to physical altercations. This defense applies when the injured employee was the initial physical aggressor in starting an incident through assaultive or provocative words or conduct. The […]
In July 2024, a new law is taking effect in California that will require all employers to develop and implement a workplace violence prevention plan. Workers’ compensation insurance companies will play a major part of regulating the new labor requirements. Within this article, our Fresno workers’ compensation defense lawyers highlight the key points to know […]
A recent en banc decision from California’s Workers’ Compensation Appeals Board serves as a stern warning to attorneys: abuse of legal procedures to cause delay will not be tolerated and can result in severe monetary sanctions. In the consolidated matter of Alfredo Ledezma et al. v. Kareem Cart Commissary and Mfg., the Appeals Board imposed […]
In April, the Insurance Journal reported that a chiropractor in California has been sentenced to 54 years in prison as part of a more than $150 million workers’ compensation fraud case. Peyman Heidary—a chiropractor from Riverside County—orchestrated what has been referred to as the “godfather” of workers’ compensation fraud. In this article, our Bakersfield workers’ […]
On May 3, 2024, the Insurance Journal reported that a business owner in California had been ordered to pay nearly $700,000.00 in financial restitution as part of a workers’ compensation fraud case. Jorge Maldonado—the owner of a construction company—underreported his company’s number of employees. Here, our Sacramento workers’ compensation defense lawyers discuss the case in […]
On March 14, 2024, the Sacramento County District Attorney’s Office announced that Ahmad Zaki Noori, a welder convicted for workers’ compensation fraud, has been ordered to pay significant financial restitution. He was previously indicted for two counts of felony workers’ compensation fraud. Here, our Sacramento workers’ compensation defense attorney discusses the case in more detail. […]
When an employee is injured on the job in California, he or she will generally bring a workers’ compensation claim. That injured worker may also have an additional claim—such as against a negligent third party that contributed to their accident. In these cases, complex issues related to subrogation can arise. California Insurance Code § 11662 […]
What happens if one of your employees aggravates a pre-existing injury while on the job? The short answer is that they can still file for workers’ compensation insurance benefits. That being said, depending on the specific situation, the cost of the claim may be covered, at least in part, by our state’s Subsequent Injuries Benefits […]
