In Larson v. Moraga Orinda Fire Dist. (2024 Cal. Wrk. Comp. P.D. LEXIS 287, the Workers’ Compensation Appeals Board (WCAB) concluded that a firefighter’s off-duty trail running injury was compensable under Labor Code section 3600(a)(9). Despite the employer’s argument that the injury fell under the “voluntary participation” bar for off-duty recreational activities, the WCAB found […]
A recent Workers’ Compensation Appeals Board (WCAB) panel decision—D’Alessandro v. City of Menifee—addresses whether a police officer’s off-duty knee injury while taking a jiu-jitsu class qualified as industrial. In a split decision, the WCAB granted the officer’s Petition for Reconsideration and found that his activity was sufficiently tied to his employment and considered AOE/COE. D’Alessandro […]
It has been a decade since the California Supreme Court decided South Coast Framing, Inc. v. Workers’ Compensation Appeals Board (Clark) (2015) 61 Cal.4th 291. Despite the passage of time, this case remains a cornerstone for understanding causation in death claims—especially when multiple medications (both industrial and nonindustrial) are involved. Brief Recap Practical Takeaways for […]
In Henderson v. County of Butte Probation Department, a significant workers’ compensation decision, the WCAB has affirmed that a probation officer who performed peace officer duties during emergency response to California wildfires qualified for the cancer presumption under Labor Code § 3212.1. The case expands the application of the cancer presumption to probation officers when […]
If you are handling California workers’ compensation claims, keeping track of Workers’ Compensation Appeals Board (WCAB) and appellate deadlines is critical. Missing an appeal deadline can have serious consequences for your case. Here is what you need to know about the most important timeframes. Petition for Reconsideration – 20 Days (Labor Code §§ 5900, 5903) […]
In State Compensation Insurance Fund v. WCAB (2024 Cal. Wrk. Comp. P.D. LEXIS), the WCAB has provided much-needed clarity on interpreter fee disputes that significantly benefit claims administrators. The decision addresses two critical issues: the establishment of interpreter market rates and when disputing such rates constitutes bad faith under Labor Code Section 5813. Market Rate […]
As another holiday season comes to a close here in California, our team at Yrulegui & Roberts has been reflecting on what truly matters – the invaluable gift of time with family and loved ones. In our line of work defending workers’ compensation cases across the Central San Joaquin Valley and beyond, we are constantly […]
In a recent panel decision by the Workers’ Compensation Appeals Board (WCAB), Byers v. Sonsray Machinery, the Board provided critical insights into the standards for Qualified Medical Evaluator (QME) disqualification and the burden of proof required to challenge the adequacy of a QME’s examination. The decision, which addresses a petition filed by an applicant challenging […]
At Yrulegui & Roberts, we represent employers and insurers in navigating the complexities of workers’ compensation law. The recent case Jose Pineda v. D. John Roser, Inc. serves as an instructive analysis of the applicability of Labor Code Section 3352(a)(8), the presumption of employment under Section 2750.5, and the legal distinction between personal and business […]
In workers’ compensation cases, proving causation between an injury or condition and an employee’s workplace activities is a critical step. However, the burden of proof in these cases is unique to the workers’ compensation system, relying on the standard of “reasonable medical probability.” A recent decision by the Workers’ Compensation Appeals Board (WCAB) underscores the […]
