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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

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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

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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

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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

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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

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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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2021 California Legislative Session: Jaywalking in California

In the 2021 California Legislative Session, the California State Legislature passed a bill that would have mostly decriminalized jaywalking in California and shifted the rights of way between cars and pedestrians on the streets. (In our June 1, 2021 blog posting we discussed that bill and some of its potential consequences – California’s “Freedom to Read More

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Settlements

The Workers’ Compensation system is a limited benefits system that can extend for months, or even years, before any discussions of settlement occur. When a workers’ compensation doctor finds an injured worker (hereinafter “applicant”) permanent and stationary, meaning he or she is not expected to get better or worse within the next year, settlement discussions Read More

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Bitcoin… What Is It Exactly?

A California Pawnbroker may buy, sell, and enter into pawn on any “tangible personal property”. (See Cal. Bus. & Prof. Code § 21626.) The term “tangible personal property” is defined by California Business & Professions Code § 21627 as “all secondhand tangible personal property that bears a serial number or personalized initials or inscription or Read More

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Does The “Alter Ego” Doctrine Apply To Workers’ Compensation?

In 2021 Cal. Wrk. Comp. P.D. LEXIS 302, Mastagni Holstedt, A.P.C. with Associate Attorney, Jonathan D. Char argued that the Workers’ Compensation Appeals Board frustrated the applicant’s recovery by issuing an award only against a corporation (dissolved) and not against the owner. Upon petition for reconsideration, the Workers’ Compensation Appeals Board found the alter ego doctrine is Read More

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