Category Archives: Yrulegui & Roberts

CALIFORNIA STEPPING UP THE FIGHT AGAINST MEDICAL PROVIDER FRAUD IN THE WORKERS’ COMPENSATION SYSTEM

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 […]

REPORT: $15 BILLION IN TOTAL WORKERS’ COMPENSATION LOSSES AND EXPENSES FOR INSURANCE COMPANIES IN 2022

On June 29, 2023, the Insurance Journal reported that the total workers’ compensation-related expenses and losses incurred by insurance companies in California in 2022 is approximately $15 billion. The full report was put together by the Workers’ Compensation Insurance Rating Bureau of California (WCIRB). California state law mandates that workers’ compensation insurers provide comprehensive financial […]

WORKERS’ COMPENSATION DEFENSE IN CALIFORNIA: UNDERSTANDING THE DEFENSE BASE ACT

California state law requires private employers to ensure that they obtain no-fault workers’ compensation insurance coverage for their employees. For private employers that deal directly with the federal government—specifically those in California that provide services to military bases—there are other laws that can also impact their responsibilities. Military contractors in California that provide services to […]

SHOULD AN EMPLOYER SETTLE A SERIOUS AND WILLFUL MISCONDUCT CLAIM?

While a workers’ compensation claim is generally the sole legal remedy that injured workers have against their own employer in California, there is an exception for harm caused by “serious and willful misconduct.” An employer facing this type of claim may be weighing the risks of negotiating a settlement versus raising a zealous defense. In […]

WHAT SANCTIONS WILL A CALIFORNIA EMPLOYER FACE FOR A VIOLATION OF LABOR CODE SECTION 132(a)?

California has some of the strongest and most comprehensive legal protections for injured workers in the entire country. Under California law (Labor Code § 132(a)), all employees covered by workers’ compensation have a right to file for benefits. An employer cannot lawfully discriminate against them, retaliate against them, or otherwise take adverse action against them […]

HOW DO SMALL BUSINESSES GET WORKERS’ COMPENSATION INSURANCE COVERAGE IN CALIFORNIA?

Small companies are the backbone of the California economy. According to data from the Small Business Administration (SBA), there are 4.2 million small businesses actively operating in California. Under state law (Labor Code § 3700), all small businesses are required to provide no-fault workers’ compensation coverage As a small business owner or operator, you may […]

CALIFORNIA WORKERS’ COMPENSATION APPEALS BOARD RULES FOR WORKER IN CANCER CLAIM: WHAT EMPLOYERS AND INSURERS CAN LEARN FROM THE DECISION

According to a report from Human Resources Director Magazine, a California Workers’ Compensation Appeals Board (WCAB) has upheld a lower court’s ruling, finding that a claimant’s cancer is reasonably likely to be work-related. It is a noteworthy decision on an important and often misunderstood workers’ compensation claims matter: The extent to which workers’ compensation benefits […]

FIVE SIGNS THAT YOU SHOULD HIRE A WORKERS’ COMPENSATION DEFENSE ATTORNEY IN CALIFORNIA

Did you know that California’s workers’ compensation insurance system is the single largest privately administered social benefits system in the entire world? Our state also has one of the most complex and comprehensive workers’ compensation systems. For employers, claims administrators, and insurers navigating the process, there are many different circumstances in which they could benefit […]

CALIFORNIA WORKERS’ COMPENSATION INSTITUTE (CWCI) PUBLISHED A COMPREHENSIVE REPORT ON INDEPENDENT MEDICAL REVIEWS (IMR)

In May 2023, the California Workers’ Compensation Institute (CWCI) published a comprehensive report on Independent Medical Reviews (IMR). Since it was put into place by California regulators, the IMR system in California has played a major role in workers’ compensation. The report from the CWCI assesses the efficacy of the state’s Independent Medical Review process. […]

FACING A SERIOUS AND WILLFUL MISCONDUCT PETITION FROM AN EMPLOYEE IN CALIFORNIA? HERE IS WHAT YOU NEED TO DO TO PROTECT YOUR RIGHTS AND INTERESTS

A workers’ compensation claim is generally the sole remedy an injured employee has against his or her own company in California—but there are some exceptions. A serious and willful misconduct claim is a cause of action that an employee can take if they suffer an injury caused by an employer’s deliberate or egregiously reckless failure […]