What happens if an employer or insurer overpays workers’ compensation benefits in California? It is something that can happen for a wide range of different reasons. The short answer is that California has a process in place that allows parties to petition for credit of an overpayment. Here, our Fresno workers’ compensation defense law firm […]
In early July 2023, the Supreme Court of California released an important decision in the case of Kuciemba v. Victory Woodworks, Inc., No. S274191. The state’s highest court determined that an employer was not liable for the COVID-19 illness contracted by the spouse of one of its employees. The decision has important implications for workers’ […]
In the Fall of 2019, Governor Gavin Newsom signed a reform package into law that, among other things, created a rebuttable presumption that post-traumatic stress disorder (PTSD) developed by a police officer or firefighter is job-related. In other words, a police officer or firefighter in California can claim workers’ compensation benefits for PTSD (Labor Code […]
On September 29, 2022, Governor Gavin Newsom signed Senate Bill 1127 (SB 1127). The bill reforms California’s workers’ compensation laws to provide additional statutory protections to many public safety workers—specifically most police officers and firefighters. Notably, the bill imposed substantially increased penalties on employers that deny certain types of police/firefighter workers’ compensation claims involving presumptive […]
In September 2022, California Governor Gavin Newsom signed Senate Bill 1127 (SB 1127) into law. The bill amends several sections of the California Labor Code (3761, 4656, 5402, and 5414.3) and has important implications for workers’ compensation insurance, specifically regarding the available benefits for certain police officers and firefighters. The law officially took effect on […]
California employers are required to provide workers’ compensation insurance coverage to employees, including part-time workers, seasonal staff, and non-traditional employees. There are a few different options to obtain coverage, including self-insurance. Employers in California that have self-insurance are subject to annual reporting requirements. Here, our Fresno workers’ compensation defense law firm provides an overview of […]
Labor Code § 4850 provides that a public safety worker entitled to a one-year leave of absence and is entitled to full pay without loss of salary. Labor Code § 4850(a): “Whenever any person listed in subdivision (b), who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or […]
According to a report from the Insurance Journal, people associated with two separate Bay Area construction companies have been charged with workers’ compensation insurance fraud as well as a related conspiracy offense. The companies reportedly paid more than $12 million in unreported and/or misclassified wages to workers. The business owners and management employees deemed responsible […]
California requires employers that operate in the state to provide no-fault workers’ compensation coverage. When an employee is hurt on the job, they can claim workers’ compensation benefits—regardless of whether or not their employer bears any responsibility for their injuries/illnesses. However, an employee hurt on the job due to their own intoxication may be denied […]
According to a report from the Insurance Journal, California regulators are stepping up the fight against insurance fraud—especially workers’ compensation fraud committed by medical providers. California Insurance Commissioner, Ricardo Lara, has announced more than $50 million in insurance fraud prevention grants to 34 District Attorneys’ (DA) offices across the state. Notably, a significant portion of […]
