Off Duty Injuries

By Jonathan D. Char | Published August 16, 2023 | Posted in Workers' Compensation |

Today’s topic is of off duty injuries (which may be compensable). Generally, liability for compensation, without regard to negligence, exists against an employer, for injuries arising out of the voluntary participation of an off-duty recreational, social, or athletic activity, that are reasonably expected or that are expressly (or impliedly) required by the employment. See Labor Read More

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

By Jonathan D. Char | Published January 25, 2022 | Posted in 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

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

By Jonathan D. Char | Published April 20, 2021 | Posted in Workers' Compensation |

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

Hurt at Work & Now Suffering Discrimination/Retaliation

By Jonathan D. Char | Published May 27, 2020 | Posted in Workers' Compensation |

This discrimination story unraveled in an unusual way. An employee represented by Mastagni Holstedt was injured while working a part-time job. Her employer offered her a full-time job and a $200 gift card to not file a workers’ compensation claim. However, the employee correctly filed a claim and sought medical treatment. In response to the Read More

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