As a general rule, injured workers in California can obtain workers’ compensation benefits if they can prove that their injury occurred within the course and scope of their employment. The “duty-belt” presumption is a specialized provision that flips the burden of proof in certain workers’ compensation claims involving first responders. Under California Labor Code § […]
Following a job-related injury, a workers’ compensation claim is generally the sole legal remedy that an employee has against their own employer. However, in California, there is the big exception of the accident caused by “serious and willful” misconduct on the part of the employer. Under California Labor Code § 4553, an injured worker can […]
Employers in California are legally required to provide no-fault workers’ compensation insurance coverage for their staff. When someone is hurt on the job, they have the right to file for workers’ compensation benefits without fear of facing retribution. This raises an important question: What rights do employers have when an employee files a fraudulent workers’ […]
What happens if an employer or insurer overpays workers’ compensation benefits in California? It is something that can happen for a wide range of different reasons. The short answer is that California has a process in place that allows parties to petition for credit of an overpayment. Here, our Fresno workers’ compensation defense law firm […]
In early July 2023, the Supreme Court of California released an important decision in the case of Kuciemba v. Victory Woodworks, Inc., No. S274191. The state’s highest court determined that an employer was not liable for the COVID-19 illness contracted by the spouse of one of its employees. The decision has important implications for workers’ […]
In the Fall of 2019, Governor Gavin Newsom signed a reform package into law that, among other things, created a rebuttable presumption that post-traumatic stress disorder (PTSD) developed by a police officer or firefighter is job-related. In other words, a police officer or firefighter in California can claim workers’ compensation benefits for PTSD (Labor Code […]
On September 29, 2022, Governor Gavin Newsom signed Senate Bill 1127 (SB 1127). The bill reforms California’s workers’ compensation laws to provide additional statutory protections to many public safety workers—specifically most police officers and firefighters. Notably, the bill imposed substantially increased penalties on employers that deny certain types of police/firefighter workers’ compensation claims involving presumptive […]
In September 2022, California Governor Gavin Newsom signed Senate Bill 1127 (SB 1127) into law. The bill amends several sections of the California Labor Code (3761, 4656, 5402, and 5414.3) and has important implications for workers’ compensation insurance, specifically regarding the available benefits for certain police officers and firefighters. The law officially took effect on […]
California employers are required to provide workers’ compensation insurance coverage to employees, including part-time workers, seasonal staff, and non-traditional employees. There are a few different options to obtain coverage, including self-insurance. Employers in California that have self-insurance are subject to annual reporting requirements. Here, our Fresno workers’ compensation defense law firm provides an overview of […]
Labor Code § 4850 provides that a public safety worker entitled to a one-year leave of absence and is entitled to full pay without loss of salary. Labor Code § 4850(a): “Whenever any person listed in subdivision (b), who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or […]
