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New California Laws Likely to Move Sex-For-Hire Out from Behind Closed Doors and into the Open Streets and Public Spaces: Best Practices for Sex Workers

By Grant Winter | Published February 27, 2023 | Posted in Workers' Compensation | Comments Off on New California Laws Likely to Move Sex-For-Hire Out from Behind Closed Doors and into the Open Streets and Public Spaces: Best Practices for Sex Workers

Two new California laws, when taken together, create a strong legal incentive for prostitutes to move their services out from behind the closed doors of hotel rooms and out onto the streets, public busses and trains, and park benches. The first law (Assembly Bill 1788), passed in the 2022 California legislative session and signed into Read More

Predesignating a Personal Physician and Why Do Most Not Do It

By Robert Eckl, Esq. | Published February 9, 2023 | Posted in Workers' Compensation | Comments Off on Predesignating a Personal Physician and Why Do Most Not Do It

Under the California Workers’ Compensation system, an employee is permitted to select his or her own personal doctor or medical group to provide medical treatment after a work-related illness or injury. The catch is that the employee must designate the personal physician before a work injury occurs. If an employee does not properly designate a Read More

Significant Court Case in Worker’s Compensation

By Princepreet Singh | Published January 26, 2023 | Posted in Workers' Compensation | Comments Off on Significant Court Case in Worker’s Compensation

Gallardo V. Marstiller Can a state recover Medicaid’s payment of past medical expenses by taking funds from the portion of tort recovery that compensates for future medical expenses? That was the issue decided by the Supreme Court in Gallardo v. Marstiller. Gianinna Gallardo was injured in 2008 when a pickup truck hit her after she Read More

Department of Industrial Relations Cracks Down on Workers’ Compensation Fraud

By Eduardo Ruiz, Esq. | Published December 12, 2022 | Posted in Workers' Compensation | Comments Off on Department of Industrial Relations Cracks Down on Workers’ Compensation Fraud

The California Department of Industrial Relations’ Division of Workers Compensation (DWC) and its Anti-Fraud Unit has suspended a total of 649 medical providers from the workers’ compensation system since 2017. Nearly 200 of those medical providers were suspended in the first eight months of 2022 alone. Under CA Labor Code Section 139.21, the Anti-Fraud Unit Read More

Contracts and Non-English-Speaking Customers

By Brett Beyler | Published November 4, 2022 | Posted in Workers' Compensation | Comments Off on Contracts and Non-English-Speaking Customers

If you have a contract-based business in California, then you may be required to provide translations of your English contracts to your non-English speaking customers. California Civil Code § 1632 (b) requires any business that enters into a contract with a customer where the customer and business “negotiate primarily in Spanish, Chinese, Tagalog, Vietnamese, or Read More

SB 1127 & AB 1751

By Liam Casey | Published October 28, 2022 | Posted in Workers' Compensation | Comments Off on SB 1127 & AB 1751

In a decisive victory for California’s first responders, Governor Gavin Newsom signed SB 1127 on September 29, 2022. This bill makes three improvements to the California workers’ compensation system. First, SB 1127 shortens the window for employers to determine liability on claims for injuries suffered by first responders from 90 to 75 days. This means that employers will Read More

California Assembly Passes Two Senate Bills to Improve Workers’ Compensation System

By Elliott Stevenson | Published September 12, 2022 | Posted in Workers' Compensation | Comments Off on California Assembly Passes Two Senate Bills to Improve Workers’ Compensation System

By unanimous vote, the California Assembly passed Senate Bill (SB) 1002 and Senate Bill (SB) 1064. Senator Anthony Portantino, (D-La Cañada Flintridge) authored SB 1002 which requires that injured workers have access to the services of licensed clinical social workers (LCSW). The bill which passed by a 76-0 vote allows LCSW’s with a master’s degree Read More

California Legislature Creates Hurdles to Challenging Anti-Gun Laws in Court

By Grant Winter | Published August 16, 2022 | Posted in Civil Litigation | Comments Off on California Legislature Creates Hurdles to Challenging Anti-Gun Laws in Court

The California Legislature recently passed a series of anti-gun laws that are likely unconstitutional, and in order to insulate those laws and all other California gun laws from legal challenges, the legislature passed an oppressive fee-shifting statute creating an enormous hurdle to any would-be litigant who might consider initiating a legal action. California SB 1327, Read More

Emergency Regulation in Workers’ Compensation May Become Permanent

By Ryan D. Mead | Published August 5, 2022 | Posted in Workers' Compensation | Comments Off on Emergency Regulation in Workers’ Compensation May Become Permanent

The Division of Workers’ Compensation (DWC) recently adopted an emergency regulation related to COVID-19. Found in California Code of Regulations Section 46.3 (CCR §46.3), this regulation allows Qualified Medical Evaluators (QME) to perform medical-legal evaluations for applicants remotely through telehealth. Under CCR §46.3, “a QME may complete a medical-legal evaluation through telehealth when a hands-on Read More

A Small Step Towards Normality

By Jedediah Parr | Published May 3, 2022 | Posted in Workers' Compensation | Comments Off on A Small Step Towards Normality

California got just a little bit closer to the pre-COVID world last month when the Division of Workers’ Compensation announced that certain types of hearings would go back to being held in person. As of March 21, 2022, all Workers’ Compensation district offices with the exception of the Eureka office have restarted in-person hearings for Read More

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