Category Archives: Yrulegui & Roberts

California Regulators Accuse Business Owner in Fresno of Workers’ Compensation Fraud

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 […]

California Written Workers’ Compensation Insurance Premiums Jump By Two Percent

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 […]

WCAB Orders Reconsideration in COVID-19 Vaccine Mandate Case

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 […]

California Workers’ Compensation Appeals Board Orders Reconsideration in Valley Fever Case

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 […]

California Labor Code §3208.3 Claims: How is “Sudden and Extraordinary” Defined?

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 […]

What Evidence Can an Employer Use to Defend a Labor Code 132(a) Claim?

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 […]

WCAB Protects Employee Privacy from Overbroad Discovery

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 […]

WCAB Denies Defendant’s Petition for Removal Over Discovery Denial

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 […]

The Initial Physical Aggressor Defense in California Workers’ Compensation

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 […]

New Workplace Violence Prevention Law Set to Take Effect in California; Workers’ Compensation Insurance Has a Big Role

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 […]