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Category Archive
Workers’ Compensation
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Specific VS. Cumulative Injury

Welcome to our informative blog where we aim to provide a comprehensive understanding of workers’ compensation. In this post, we will be shedding light on a frequently misunderstood topic: the distinction between specific injuries and cumulative injuries. Our aim is to explore the key differences between these two types of injuries by providing illustrative examples, Read More

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How to Make Your E-signature Bulletproof: California Uniform Electronic Transactions Act’s Special Requirements

Humankind is in a rapid transition to an intangible cloud-based lifestyle, and society continues to be presented with issues caused by such change. Smartphone applications now allow individuals to create and disburse deep fake videos, celebrity audio voice overs, and fabricated images at the palm of their hands. The issues caused by such power not Read More

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New California Laws Likely to Move Sex-For-Hire Out from Behind Closed Doors and into the Open Streets and Public Spaces: Best Practices for Sex Workers

Two new California laws, when taken together, create a strong legal incentive for prostitutes to move their services out from behind the closed doors of hotel rooms and out onto the streets, public busses and trains, and park benches. The first law (Assembly Bill 1788), passed in the 2022 California legislative session and signed into Read More

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Predesignating a Personal Physician and Why Do Most Not Do It

Under the California Workers’ Compensation system, an employee is permitted to select his or her own personal doctor or medical group to provide medical treatment after a work-related illness or injury. The catch is that the employee must designate the personal physician before a work injury occurs. If an employee does not properly designate a Read More

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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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