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Category Archive
Workers Compensation
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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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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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Emergency Rules in Workers’ Compensation Cases Have Been Extended to October 21, 2021

One of the most significant events that occurs in Workers’ Compensation cases includes obtaining a medical evaluation by a Qualified Medical Examiner. This doctor has the important job of issuing a report regarding the cause of an applicant’s injuries and the extent of permanent disabilities, among other things. However, COVID-19 has disrupted the availability of Read More

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LGBT Workers Protected by Title VII of the Civil Rights Act of 1964

For the past 45 years, bills have been introduced in Congress to add “sexual orientation” to the list of protections in Title VII of the Civil Rights Act of 1964, and in recent years, bills have included “gender identity” as well. But to date, none have passed both the Senate and the House of Representatives. Read More

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Hurt at Work & Now Suffering Discrimination/Retaliation

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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Will COVID-19 Change the Workers’ Compensation System Forever?

Even after the worst part of the coronavirus pandemic subsides, it will likely take many years to assess the ways it has altered American society and culture. Certainly, the effects on employment and the healthcare industry will be significant, so we should expect laws to change to address those changed circumstances. Accordingly, states might be Read More

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