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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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Loss of Consortium Claims

What Is A Loss of Consortium Claim? When an individual suffers a personal injury, it can impact their lives in many ways. Our civil system strives to “make the plaintiff whole,” by putting the injured person in the same position that they would have been in had the injury never occurred. However, a personal injury Read More

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Post Paternity Rights

In October 2021, United States Secretary of Transportation Pete Buttigieg became the subject of public commentary when it was reported that he had taken several weeks of “paternity leave” from his cabinet position in the midst of numerous nation-wide transportation emergencies. Some accused Secretary Buttigieg of job abandonment. Others commended him as a sort of Read More

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The Inalienable Right to Privacy Extends to Bathroom Harassment

The Inalienable Right to Privacy Extends to Bathroom Harassment The Federal Constitution recognizes the right to privacy in the First, Fourth, Fifth, and Fourteenth Amendment. Similarly, the California Constitution recognizes the right to privacy as an inalienable right under Article 1, §1. The California Constitutional Right to Privacy protects victims against other individuals and private Read More

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SB 863: Limitations On Recovery For Psychiatric Disorders Arising Out Of Compensable Physical Injuries

Workers’ Compensation is an ever-changing area of law that affects the lives of millions of working and retired Californians. Legislators keep pushing for amendments to the Labor Code to offset the cost of care for injured workers and provide more funding for temporary and permanent disability benefits. Unfortunately, the road to hell is paved with Read More

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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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