In recent years, businesses and organizations are increasingly relying on the contributions of gig workers and independent contractors. In the fall of 2019, Governor Gavin Newsom signed California Assembly Bill 5 (AB 5) into law; the bill restricts an employer’s ability to classify a worker as an independent contractor. There are strict rules that must […]
Since 1937 there have been presumptions that specific types of injuries to listed public safety employees are industrial. Starting in 1937 heart trouble suffered by certain firefighting employees has been presumed industrial. The categories of employees and the different diagnosis that qualify for presumptions have expanded since then. One of the most recent presumptions added […]
The pandemic continues to affect our region. The California Department of Public Health (CDPH) reports that 831,225 cases of the COVID-19 virus have been confirmed in the state as of October 7, 2020. To help address the ongoing public health crisis, California Governor Gavin Newsom signed Senate Bill 1159 into law last month. The bill […]
In order to provide our clients with the best possible and most up-to-date laws affecting workers’ compensation defense, the topic of the hour, or more appropriately deemed, the year, requires another update based on codification of Governor Gavin Newsom’s Executive Order of N-62-60 into law. Senate Bill 1159 enacts the COVID-19 presumption, signed into law […]
Workers’ compensation insurance provides no-fault benefits to people who were injured while on the job. An employer can be held responsible for a workplace injury even if the accident was not their fault. That being said, liability is not automatic. There are several affirmative defenses that employers and insurers can raise to deny coverage. An […]
An employer, administrator, or insurance company may want to settle a workers’ compensation claim. Before reaching an agreement, it is important to know the difference between the two main types of workers’ compensation settlement options. These options are a Compromise and Release (C&R) and a Stipulation. Here, our Fresno workers’ compensation defense lawyers explain the […]
As noted by the California Department of Industrial Relations, all employers in our state are required to carry workers’ compensation insurance as a matter of law. Companies and organizations that fail to comply with this requirement face significant liability risks—potentially including financial sanctions and criminal penalties. At Yrulegui & Roberts, we have extensive experience representing […]
In California, employers are legally required to provide workers’ compensation insurance for their employees. In most cases, a workers’ compensation claim is an injured employee’s sole legal claim against the company. However, there are some limited exceptions to the rule. Under California Labor Code section 4553, an employee or surviving dependent can seek additional compensation […]
The coronavirus (COVID-19) continues to affect communities throughout the country. The California Department of Public Health reports that more than 525,000 COVID-19 cases have been confirmed in the state as of August 5, 2020. Despite sanitizing efforts, the virus may be transmitted almost anywhere, including in the workplace. Recently, the California Workers’ Compensation Institute (CWCI) […]
by Ricky Halladay Have you ever received notice of a workers’ compensation claim by an injured worker after they were terminated from employment? This is not a unique situation, and in fact, occurs more often than one would think. Labor Code section 3600(a)(10) states, when the claim for compensation is filed after notice of termination […]
