According to a report from Business Insurance, a California appellate court has ruled in favor of a private company—finding that the state’s exclusive remedy presumption for workers’ compensation insurance prohibits the employee from filing a personal injury claim against that contractor. Here, our Sacramento workers’ compensation defense lawyer offers a more detailed account of the […]
According to a report from Human Resources Director California, Central Concrete Supply Company—a contractor based in San Jose, CA—is challenging an employee’s workers’ compensation claim on the grounds that services were received that were not “reasonable and necessary.” In this article, our Bakersfield workers’ compensation defense attorney provides a more detailed account of the dispute […]
As stated straightforwardly by the California Department of Industrial Relations (DIR), all employers in the state must comply with the statutory mandate to provide workers with no-fault workers’ compensation coverage. California workers’ compensation allows injured employees to recover benefits regardless of fault—but there is a strict exception for intentional or self-inflicted injuries. Here, our Salinas […]
Earlier this year, the Workers’ Compensation Appeals Board (WCAB) issued an instructive decision in the case of Ayala v. Department of Corrections and Rehabilitation/Lancaster State Prison. The Board found that it has the authority to increase IDL payments by 50% on the grounds of an employer’s serious and willful misconduct. Here, our Fresno workers’ compensation […]
On July 11, 2022, the California Department of Insurance announced that Q’Orianka Kilcher—a 32-year-old North Hollywood, CA actress famous for her role on the hit TV show ‘Yellowstone’—has been charged with two felony counts of workers’ compensation fraud. Authors contend that Ms. Kilcher collected more than $90,000.00 of workers’ compensation disability benefits that were not […]
The California Department of Industrial Relations (DIR) is clear: Employers in our state “are required by law to have workers’ compensation insurance.” An uninsured employer could face several different sanctions, including: Civil legal action in the form of personal injury liability; A state-issued fine that could be as high as $10,000.00 per worker; A doubling […]
Earlier this year, the Workers’ Compensation Appeals Board (WCAB) reached a decision in the case of Cory Sather, Applicant v. Trion Solutions, Inc.,—a dispute over the proper calculation of average weekly wages for workers’ compensation benefits. The WCAB concluded that the employer/insurer should have included a worker’s impending raise when calculating workers’ compensation benefits. Here, […]
On June 16, 2022, the California Department of Insurance announced that Gamlet Abramian, a 47-year-old business owner from Los Angeles County, has been arraigned on workers’ compensation fraud charges. Prosecutors contend that Mr. Abramian knowingly and willfully misreported payroll, thereby underpaying workers’ compensation insurance premiums by at least $212,667.00. Here, our Fresno workers’ compensation defense […]
Costs are rising across the United States. Recently, Bloomberg News reported that the national inflation rate hit a 40-year high. The medical and legal costs of workers’ compensation in California are rising sharply as well. On June 5, 2022, the Insurance Journal reported that costs for resolving workers’ compensation disputes are rising even faster than […]
The Internal Revenue Service (IRS) announced an increase in the mileage reimbursement rate for the second half of 2022. The standard mileage reimbursement rate for all business-related travel will be 62.5 cents per mile from July 1, 2022 to December 31, 2022. The mileage reimbursement rate was previously 58.5 cents per mile—meaning it is increasing […]
