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What to Expect at a QME or AME Examination

When you are injured at work and you file a Workers’ Compensation claim you will most likely be seen by a Qualified Medical Examiner (QME) or an Agreed Medical Examiner (AME). All QMEs and most AMEs are certified to evaluate the injured worker’s levels of permanent disability. Both QMEs and AMEs are neutral medical-legal evaluators Read More

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1 st Party Underinsured/Uninsured Motorist Coverage: Know Your Policy

Law enforcement officers are constantly driving their patrol vehicles while they are heroically enforcing laws and preventing crime. It is a natural consequence that patrol officers are more likely to experience on-duty motor vehicle accidents since they spend more time on the road. In the case of an on-duty motor vehicle accident, officers are entitled Read More

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California Senate Bill 553 – Targeting Violence in the Workplace

On September 30, 2023, Governor Gavin Newsom signed into law California Senate Bill (“SB”) 553, in response to growing concerns over the rise of workplace violence occurring throughout the state. SB 553, codified in Cal. Labor Code § 6401.9, requires virtually all California employers to prepare and implement a written Workplace Violence Prevention Plan (the Read More

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The PTSD Presumption

The history of the PTSD presumption This blogger greets you again, but with the topic of Post Traumatic Stress Disorder (PTSD) and Labor Code § 3212.15 (the PTSD presumption). The PTSD presumption under Labor Code § 3212.15 is distinct from general psychiatric injuries under Labor Code § 3208.3 and was first introduced, passed, approved and Read More

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On September 17, 2020, Labor Code section 3212.87 created a rebuttable presumption that certain public safety officers, first responders, and healthcare workers infected with COVID-19 would be entitled to California Workers’ Compensation benefits. This law also created the presumption that an illness or injury from COVID-19 infections is caused by the jobs in those categories. Read More

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California Expands the State’s Ability to Involuntarily Confine Persons in Psychiatric Facilities. Is it Constitutional?

On October 10, 2023, Governor Gavin Newsom signed a bill which significantly expands the state’s ability to involuntarily confine people within psychiatric facilities. Prior law was written to preserve the dignity and liberty of persons suffering from mental health challenges by allowing for involuntary psychiatric confinement only in very limited circumstances. The change in law Read More

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Hottest Year on Record Supports New Rules Protecting Workers from Heat Injury

According to scientists, the 2023 calendar year will likely go down in the record books as the hottest year ever. (Guardian 11/8/2023) . Though extreme heat dramatically affects the planet in many ways, it also affects workers who can die or be seriously injured and disabled by heat- related injuries. In 2022, the California Legislature Read More

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Drug Users as a Protected Class? Employers’ New Obligations Under the Marijuana Use “Anti-Discrimination” Laws; and California’s Narrow Escape from Legal Psychedelic Mushrooms

Employers must be aware that many aspects of law and society are quickly evolving and old “norms” may not be reliable for dealing with employees in California. This is particularly true regarding use of illicit drugs like marijuana and psychoactive mushrooms. Recently, the California Legislature passed a bill permitting use and possession of certain hallucinogenic Read More

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Can a Finding of a “Synergistic Effect” Allow the Use of a Different Method Than the Combined Value Chart (CVC) to Combine Impairments?

CVC: The “Traditional” Method. In general, when you are injured, you will be given an impairment rating by a doctor for that injured body part, which determines the amount of disability benefits you get depending on your impairment rating. The ratings for injuries are expressed as a percentage from 0% (no disability) to 100% (permanent Read More

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Electronic Grace Notice and Replacement Loans

Electronic Grace Notices Pawn brokers and software developers are creating different ways to execute online transactions between pawn brokers and borrowers. Pawn brokers may now use third-party software applications or create their own program for executing such transactions. In any event, below is a process that pawn brokers should follow to validly deliver an electronic Read More

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