California Assembly Passes Two Senate Bills to Improve Workers’ Compensation System

By Elliott Stevenson | Published September 12, 2022 | Posted in Workers' Compensation |

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

Emergency Regulation in Workers’ Compensation May Become Permanent

By Ryan D. Mead | Published August 5, 2022 | Posted in Workers' Compensation |

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

A Small Step Towards Normality

By Jedediah Parr | Published May 3, 2022 | Posted in Workers' Compensation |

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

Settlements

By Kimberly Velazquez | Published March 2, 2022 | Posted in Workers' Compensation |

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

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

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

By Svetlana Osokina | Published October 27, 2021 | Posted in Workers' Compensation |

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

Workers’ Compensation: Proposed Senate Bill 284 Seeks To Expand Rebuttable Post-Traumatic Stress Disorder Presumption

By Dalbir K. Chopra | Published July 28, 2021 | Posted in Workers' Compensation |

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

Employers Allowed to Ask for Vaccination Status But Employees Not Required to Answer

By Mastagni Holstedt, APC | Published June 24, 2021 | Posted in Workers' Compensation |

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

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

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

By Samuel Siavoshi | Published March 22, 2021 | Posted in Workers' Compensation |

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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