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 […]
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 […]
