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Category Archive
Workers’ Compensation
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Significant Court Case in Worker’s Compensation

Gallardo V. Marstiller Can a state recover Medicaid’s payment of past medical expenses by taking funds from the portion of tort recovery that compensates for future medical expenses? That was the issue decided by the Supreme Court in Gallardo v. Marstiller. Gianinna Gallardo was injured in 2008 when a pickup truck hit her after she Read More

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Department of Industrial Relations Cracks Down on Workers’ Compensation Fraud

The California Department of Industrial Relations’ Division of Workers Compensation (DWC) and its Anti-Fraud Unit has suspended a total of 649 medical providers from the workers’ compensation system since 2017. Nearly 200 of those medical providers were suspended in the first eight months of 2022 alone. Under CA Labor Code Section 139.21, the Anti-Fraud Unit Read More

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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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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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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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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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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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