In a recent decision, Hidalgo v. Ducoing Management, Inc., the Workers’ Compensation Appeals Board (WCAB) addressed whether lodging and food allowances should be included in the calculation of a worker’s wages for temporary disability benefits. The case involved an injured laborer who claimed weekly earnings of $1,658.46, while the employer argued that his earnings were […]
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 May 2024, the Insurance Journal reported that the written workers’ compensation premiums were 2% higher in 2023 when compared to the previous year. The information comes from the final annual report from the Workers’ Compensation Insurance Rating Bureau of California (WCIRB California). Here, our Sacramento workers’ compensation defense lawyer highlights the key points to […]
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 an important decision safeguarding employee medical privacy rights, a panel of the California Workers’ Compensation Appeals Board granted a petition for removal and rescinded a judge’s order requiring an injured worker to disclose her complete 10-year medical treatment history. The case involved Jennifer Reveles, an employee who suffered a workplace injury while employed by […]
