A workers’ compensation claim is typically the exclusive remedy that an injured employee has against an employer. However, California Labor Code § 4553 provides an exception in cases of ‘serious and willful misconduct’ (S&W) by an employer. The general rule is that an employee’s total workers’ compensation award may be increased by as much as […]
California has strict rules and procedures in place for workers’ compensation disputes. At a workers’ compensation trial, a judge has the authority to develop the record. You may be wondering: What does it mean to develop the record in a workers’ compensation case? The short answer is that it means the judge is seeking additional […]
Through a serious and willful misconduct claim, an injured worker may be entitled to recover penalty damages from their employer, valued up to 50% of the value of the underlying workers’ compensation claim. For employers, a finding of serious and willful misconduct carries harsh sanctions. There is considerable confusion regarding how exactly serious and willful […]
The party responsible for paying work injury benefits is not always clear-cut —particularly if the claimant sustained their disability over multiple incidents. California created the Subsequent Injuries Benefits Trust Fund (SIBTF) to encourage companies to hire workers who have pre-existing injuries and to ensure that disabled workers have access to the financial support they need. […]
There are multiple areas in our profession where the Code of Civil Procedure and the workers’ compensation rules do not fall in line with each other. One of these areas is regarding the all-important Proof of Service. There are times when opposing counsel may file a Petition for Penalties due to an alleged non-payment of […]
In California, businesses and organizations are required to provide no-fault workers’ compensation coverage to their employees. When someone gets hurt on the job, they can claim benefits. While workers’ compensation is usually the sole and exclusive remedy that an employee has against an employer, an injured worker may file a lawsuit directly against a negligent […]
Under California workers’ compensation laws, there are two broad categories of work injuries — specific injuries and cumulative trauma. A specific injury occurs in a single event, in which an employee is hurt at a specific place and time. In contrast, cumulative trauma injuries develop gradually over time. They occur as the collective consequence of […]
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 […]
