Category Archives: Workers’ Compensation

WHAT SANCTIONS WILL A CALIFORNIA EMPLOYER FACE FOR A VIOLATION OF LABOR CODE SECTION 132(a)?

California has some of the strongest and most comprehensive legal protections for injured workers in the entire country. Under California law (Labor Code § 132(a)), all employees covered by workers’ compensation have a right to file for benefits. An employer cannot lawfully discriminate against them, retaliate against them, or otherwise take adverse action against them […]

HOW DO SMALL BUSINESSES GET WORKERS’ COMPENSATION INSURANCE COVERAGE IN CALIFORNIA?

Small companies are the backbone of the California economy. According to data from the Small Business Administration (SBA), there are 4.2 million small businesses actively operating in California. Under state law (Labor Code § 3700), all small businesses are required to provide no-fault workers’ compensation coverage As a small business owner or operator, you may […]

CALIFORNIA WORKERS’ COMPENSATION APPEALS BOARD RULES FOR WORKER IN CANCER CLAIM: WHAT EMPLOYERS AND INSURERS CAN LEARN FROM THE DECISION

According to a report from Human Resources Director Magazine, a California Workers’ Compensation Appeals Board (WCAB) has upheld a lower court’s ruling, finding that a claimant’s cancer is reasonably likely to be work-related. It is a noteworthy decision on an important and often misunderstood workers’ compensation claims matter: The extent to which workers’ compensation benefits […]

FIVE SIGNS THAT YOU SHOULD HIRE A WORKERS’ COMPENSATION DEFENSE ATTORNEY IN CALIFORNIA

Did you know that California’s workers’ compensation insurance system is the single largest privately administered social benefits system in the entire world? Our state also has one of the most complex and comprehensive workers’ compensation systems. For employers, claims administrators, and insurers navigating the process, there are many different circumstances in which they could benefit […]

CALIFORNIA WORKERS’ COMPENSATION INSTITUTE (CWCI) PUBLISHED A COMPREHENSIVE REPORT ON INDEPENDENT MEDICAL REVIEWS (IMR)

In May 2023, the California Workers’ Compensation Institute (CWCI) published a comprehensive report on Independent Medical Reviews (IMR). Since it was put into place by California regulators, the IMR system in California has played a major role in workers’ compensation. The report from the CWCI assesses the efficacy of the state’s Independent Medical Review process. […]

FACING A SERIOUS AND WILLFUL MISCONDUCT PETITION FROM AN EMPLOYEE IN CALIFORNIA? HERE IS WHAT YOU NEED TO DO TO PROTECT YOUR RIGHTS AND INTERESTS

A workers’ compensation claim is generally the sole remedy an injured employee has against his or her own company in California—but there are some exceptions. A serious and willful misconduct claim is a cause of action that an employee can take if they suffer an injury caused by an employer’s deliberate or egregiously reckless failure […]

CALIFORNIA WORKERS’ COMPENSATION DEFENSE: CLEARING UP THREE COMMON MISCONCEPTIONS ABOUT SUBROGATION

Subrogation is one of the most important, complex, and least understood aspects of insurance claims. Investopedia defines subrogation simply as the general right that insurance companies have to “pursue a third party that caused an insurance loss to the insured.” At Yrulegui & Roberts, our firm has extensive experience handling a wide range of subrogation-related […]

CALIFORNIA REGULATORS UNCOVER ALLEGED $1.6 MILLION WORKERS’ COMPENSATION FRAUD-SCHEME IN FRESNO COUNTY

According to a report from Insurance Journal, California regulators have uncovered an alleged seven-figure workers’ compensation fraud scheme in the Fresno area. An employer stands accused of intentionally underreporting payroll—thereby unlawfully saving itself approximately more than $100,000.00 in workers’ compensation premiums. Proper reporting of payroll is essential. Within this blog post, our Fresno workers’ compensation […]

WCAB OVERRULES WORK INJURY APPORTIONMENT MADE BY QME

On March 21, 2023, the Workers’ Compensation Board of Appeals (WCAB) overturned a work injury “apportionment” made by a Qualified Medical Evaluator (QME) in the case of Monter v. Randstad North America, Inc.. In doing so, the WCAB awarded additional workers’ compensation benefits to the claimant. The decision is instructive for employers and insurers. Here, […]

WCAB ISSUED UPDATED WORKERS’ COMPENSATION GUIDANCE RELATED TO END OF STATEWIDE COVID-19 EMERGENCY

On March 22, 2023, the California Workers’ Compensation Appeals Board (WCAB) issued an En Banc ruling regarding the end of our state’s COVID-19 emergency. (Case No. MISC. NO. 268). Below, our California workers’ compensation defense lawyers highlight the essential things that you should know about the recent WCAB updated guidance regarding COVID-19 emergency workers’ compensation […]