WHAT IS A LABOR CODE 132(a) LAWSUIT? (WORKERS’ COMPENSATION IN CALIFORNIA)

An employee who was hurt on the job in California has a right to file for no-fault workers’ compensation benefits. As an employer, you are required to obtain and maintain the proper workers’ compensation insurance coverage for your employees. Employers cannot discriminate against an employee who was injured on the job or retaliate against an […]

WHAT EMPLOYERS NEED TO KNOW ABOUT WORKERS’ COMPENSATION SELF-INSURANCE IN CALIFORNIA

California law requires private businesses and organizations to obtain and maintain no-fault workers’ compensation insurance coverage for their employees. Employers can join the state’s workers’ compensation system by purchasing a legally compliant policy, or they can opt to operate as a “self-insured” employer. Below, our Sacramento workers’ compensation defense attorneys offer a guide to the […]

PROPOSED BILL WOULD REQUIRE CALIFORNIA LICENSED PHYSICIANS FOR UTILIZATION REVIEW (UR)

According to a report from the California Globe, a recently proposed state law (California Senate Bill 636 (SB 636)) would require the use of a California-licensed physician for a utilization review in a workers’ compensation claim. Within this article, our Bakersfield workers’ compensation defense attorney highlights the key things employers, claims administrators, and insurance companies […]

REPORT: COVID-19 DRIVES NEARLY HALF OF ALL WORKERS’ COMPENSATION CLAIMS IN CALIFORNIA’S HEALTH CARE INDUSTRY

According to reporting from Insurance Journal, a recent analysis published by the Workers’ Compensation Insurance Rating Bureau (WCIRB) found that nearly half of the workers’ compensation claims filed within the health care industry were due to COVID-19. However, on an industry-wide basis, workers’ compensation rates in the industry remain below the state average. In this […]

WORKERS’ COMPENSATION DEFENSE: A GUIDE TO THE DUTY-BELT PRESUMPTION IN CALIFORNIA

The burden of proof matters in any legal case. It determines who has the obligation to provide evidence in a claim. In California, the burden of proof for a workers’ compensation claim generally rests on the injured worker. They have the responsibility to prove the following: However, the burden of proof flips in certain cases […]

DEFENDING WORKERS’ COMPENSATION CLAIMS INVOLVING REPETITIVE STRESS INJURIES IN CALIFORNIA

In California, employers are required to provide no-fault workers’ compensation insurance coverage for their staff, both full-time and part-time. A person who was hurt on the job may be entitled to claim workers’ compensation benefits for a sudden onset injury (one that occurred in a specific accident) or repetitive stress injury (one that occurred with […]

COMMON MISTAKES EMPLOYERS SHOULD AVOID WHEN DEFENDING A WORKERS’ COMPENSATION CASE IN CALIFORNIA

An accident can happen in any type of workplace environment. Even when a company or organization does everything the right way, it is still possible that an employee will be hurt and will need to file for workers’ compensation benefits. As an employer, it is imperative that you understand your responsibilities in the process. Within […]

WORKERS’ COMPENSATION DEFENSE: THE COST OF A CUMULATIVE TRAUMA CLAIM CAN ADD UP FAST

A worker who has suffered cumulative trauma on the job—carpal tunnel syndrome, tendinitis, gradual onset back injuries, etc.—has the right to file for workers’ compensation benefits. In California, these are known as cumulative trauma claims. A recent report from Business Insurance finds that the costs of cumulative trauma can add up quickly. Here, our Bakersfield, […]

WORKERS’ COMPENSATION APPEALS BOARD OVERTURNS JUDGES, AWARDS BENEFITS TO CALIFORNIA DELIVERY DRIVER WHO TRIPPED AND HURT ANKLE

According to a report from Human Resources Director (HRD), the Workers’ Compensation Appeals Board (WCAB) has overruled a judge, finding that a delivery driver who tripped and injured his ankle is entitled to workers’ compensation benefits. The judge had initially ruled that the worker had failed to credibly establish that his injury was “job-related.” The […]

WORKERS’ COMPENSATION FRAUD CRACKDOWN CONTINUES IN CALIFORNIA: 261 MEDICAL PROVIDERS SUSPENDED

According to Business Insurance, 261 medical providers were suspended for the California workers’ compensation system in 2022—a dramatic increase when compared to the previous two years. As the COVID-19 pandemic recedes, the California Division of Workers’ Compensation (DWC) is cracking down on fraud. Below, our Fresno workers’ compensation defense lawyers provide an overview of the […]