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Workers’ Compensation: Proposed Senate Bill 284 Seeks To Expand Rebuttable Post-Traumatic Stress Disorder Presumption

California Labor Code Sections 3212 through 3213.2 provide that certain injuries are presumed to arise out of and in the course of employment for most sworn law enforcement officers, firefighters and a select few other employees whose job duties involve public safety. The existing law provides that, in the case of certain state and local Read More

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Employers Allowed to Ask for Vaccination Status But Employees Not Required to Answer

Employees are not required to divulge their vaccination status. However, if they do not, they must wear a mask. Employers can ask employees to attest that they have been fully vaccinated. Employees who attest to being fully vaccinated may go maskless. An attestation is different than providing your vaccination card or medical records. Employers limit Read More

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California’s “Freedom to Walk Act”: How Decriminalizing Jaywalking Could Affect Premise Liability Cases

Recently, a California Court of Appeal took up the issue of whether the owner of a residential condominium complex owed a duty to provide adequate onsite parking spots at the complex to prevent visitors from having to park across the street. Issakhani v. Shadow Glen Homeowners Association, Inc. — Cal.Rptr.3d —- (Cal. Ct. App., Apr. Read More

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Return to Work Supplemental Job Displacement Vouchers

The concept is simple. If an employee gets hurt at work and can’t continue to work their regular job for that employer due to a work injury, the employee can get re-trained to do another job with another employer through the “$5,000/$6,000 retraining voucher.” The basic benefits are paid out as follows. $5,000 from the Read More

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Burn Injuries, PTSD and Serious and Willful Misconduct by an Employer

See disclaimer below This blogger greets you again but this time, with the topic of burns, peripheral neuropathy, epidermic integumental disability, PTSD and serious and willful misconduct by the employer. An employee was operating an oven, baking and curing carbon fiber when the oven suddenly and violently exploded causing a fireball to blast into the Read More

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Ford Motor Company v. Montana Eighth Judicial District Court: SCOTUS drives specific personal jurisdiction in a new direction

On March 25, 2021 the Supreme Court of the United States issued a decision in Ford Motor Co. v. Montana Eighth Judicial District Court, a case that led the Court to revisit the constitutional underpinnings of personal jurisdiction jurisprudence. 141 S. Ct. 1017 (2021). The Fourteenth Amendment’s Due Process Clause limits a state court’s power Read More

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Emergency Rules in Workers’ Compensation Cases Have Been Extended to October 21, 2021

One of the most significant events that occurs in Workers’ Compensation cases includes obtaining a medical evaluation by a Qualified Medical Examiner. This doctor has the important job of issuing a report regarding the cause of an applicant’s injuries and the extent of permanent disabilities, among other things. However, COVID-19 has disrupted the availability of Read More

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Gregg et al. v. Providence St. Joseph Health et al: A Challenge Against California’s Hospital Lien Act

On February 12, 2021, a California federal judge remanded to state court a putative class-action lawsuit that challenges the amount that California hospitals can recover through liens against accident victims’ settlements from their tortfeasors under California’s Hospital Lien Act (“HLA”). California Civil Code sections 3045.1-3045.6. The case, Gregg et al. v. Providence St. Joseph Health Read More

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LGBT Workers Protected by Title VII of the Civil Rights Act of 1964

For the past 45 years, bills have been introduced in Congress to add “sexual orientation” to the list of protections in Title VII of the Civil Rights Act of 1964, and in recent years, bills have included “gender identity” as well. But to date, none have passed both the Senate and the House of Representatives. Read More

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New Fines For Failures To Comply With Medicare Reporting Requirements Under Consideration

The Centers for Medicare & Medicaid Services (CMS) has recently proposed new ways to calculate fines for various entities responsible for paying for Medicare beneficiaries’ health costs if they fail to properly report their obligations to CMS. Under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (“Section 111 reporting”) Group Health Read More

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