According to reporting from Insurance Journal, a recent analysis published by the Workers’ Compensation Insurance Rating Bureau (WCIRB) found that nearly half of the workers’ compensation claims filed within the health care industry were due to COVID-19. However, on an industry-wide basis, workers’ compensation rates in the industry remain below the state average. In this […]
The burden of proof matters in any legal case. It determines who has the obligation to provide evidence in a claim. In California, the burden of proof for a workers’ compensation claim generally rests on the injured worker. They have the responsibility to prove the following: However, the burden of proof flips in certain cases […]
In California, employers are required to provide no-fault workers’ compensation insurance coverage for their staff, both full-time and part-time. A person who was hurt on the job may be entitled to claim workers’ compensation benefits for a sudden onset injury (one that occurred in a specific accident) or repetitive stress injury (one that occurred with […]
A worker who has suffered cumulative trauma on the job—carpal tunnel syndrome, tendinitis, gradual onset back injuries, etc.—has the right to file for workers’ compensation benefits. In California, these are known as cumulative trauma claims. A recent report from Business Insurance finds that the costs of cumulative trauma can add up quickly. Here, our Bakersfield, […]
According to a report from Human Resources Director (HRD), the Workers’ Compensation Appeals Board (WCAB) has overruled a judge, finding that a delivery driver who tripped and injured his ankle is entitled to workers’ compensation benefits. The judge had initially ruled that the worker had failed to credibly establish that his injury was “job-related.” The […]
According to Business Insurance, 261 medical providers were suspended for the California workers’ compensation system in 2022—a dramatic increase when compared to the previous two years. As the COVID-19 pandemic recedes, the California Division of Workers’ Compensation (DWC) is cracking down on fraud. Below, our Fresno workers’ compensation defense lawyers provide an overview of the […]
Workers’ compensation fraud remains a serious area of concern in California. State regulators have committed to taking aggressive measures to hold perpetrators accountable. As reported by Business Insurance, a doctor from Southern California was recently sentenced to ten years in prison for his role in a workers’ compensation fraud scheme. Here, our California workers’ compensation […]
According to an analysis reported by Safety + Health Magazine, there is substantial variation in the percentage of injured workers that go to the emergency room (ER) for their initial care from state to state. California is on the lower end of the spectrum—which is good news for employers, insurers, and claims administrators, as less […]
According to a report from the Insurance Journal, workers’ compensation claims among public self-insured employers in California spiked significantly over the past fiscal year. For the period running from July 1, 2021 to June 30, 2022, workers’ compensation claims were up 35% among self-insured employers in the state—despite the size of the self-insured workforce remaining […]
The issue of commuting attorney’s fees from the far end of the Award when a case is settled by Stipulations with Request for Award is one that is normally not fought over or discussed. Recently, I heard an argument over this issue on a Mandatory Settlement Conference line and it was clear the Judge did […]
