Compensation under the Subsequent Injuries Benefits Trust Fund (SIBTF)

By Thomas Kurtz, Esq. | Published March 28, 2025 | Posted in Discrimination, Workers' Compensation | Comments Off on Compensation under the Subsequent Injuries Benefits Trust Fund (SIBTF)

Created in 1945, the Subsequent Injuries Benefits Trust Fund is a state supervised trust funded by surcharges imposed on employers in proportion to their payrolls (LC 62.5(f)(1)). The amount collected by the fund is paid to workers who have suffered serious injury and who are suffering from previous and serious permanent disabilities or physical impairments Read More

Liens and Subrogation in Personal Injury: What They Are and How They May Affect Your Personal Injury Case

By Alicia Chaudry, Esq. | Published March 3, 2025 | Posted in Personal Injury | Comments Off on Liens and Subrogation in Personal Injury: What They Are and How They May Affect Your Personal Injury Case

In California personal injury law, lien and subrogation are two legal concepts that are often involved when there are claims for compensation following an injury, especially when insurance company or third-party payments are involved. Ultimately, both a lien and subrogation may impact your recovery in your personal injury case. Although they are different concepts, they Read More

California Code of Civil Procedure section 2016.090

By Damon T. Appelblatt | Published February 26, 2025 | Posted in Civil Litigation | Comments Off on California Code of Civil Procedure section 2016.090

Building Your Litigation Arsenal: The Power of Preparedness Under California’s New Discovery Law Litigation in California is moving fast. As of January 1, 2024, a new rule—California Code of Civil Procedure (CCP) section 2016.090—introduces mandatory early disclosure requirements in many civil lawsuits. This law aims to promote transparency and efficiency, but it also places new Read More

What is apportionment and why does it matter?

By Thomas Kurtz, Esq. | Published February 14, 2025 | Posted in Workers' Compensation, Workplace Injury | Comments Off on What is apportionment and why does it matter?

When a worker experiences a workplace injury, an employer is not automatically liable for the full amount of an employee’s permanent disability. To understand this, it is important to distinguish between injury and impairment. If an incident results in any disability, or any need for medical care at all, it meets the definition of an Read More

How to get treatment in the workers’ compensation

By Jonathan D. Char | Published January 30, 2025 | Posted in Workers' Compensation, Workplace Injury | Comments Off on How to get treatment in the workers’ compensation

This blogger greets you again, but with the topic on how to get treatment in the workers’ compensation. When your claim is accepted, the employer is responsible for treatment that is “medically necessary” which means “reasonably required to cure or relieve the injured employee of the effects of his or her injury”. When your claim Read More

Artificial Intelligence In the Legal Field

By Grant Winter | Published January 13, 2025 | Posted in Civil Litigation | Comments Off on Artificial Intelligence In the Legal Field

With the development of Artificial Intelligence (“AI”) technology, some lawyers have argued that there may be a coming transformation of the practice of law. Allegedly, AI computer programs appear to perform legal research, analyze contracts, review documents, and do many other lawyer tasks. There is even software that purports to manage cases, draft briefs, and Read More

Settlement – The “Stipulation with request for award”

By Jonathan D. Char | Published December 19, 2024 | Posted in Workers' Compensation | Comments Off on Settlement – The “Stipulation with request for award”

This blogger greets you again, but with the topic on the most common way to settle your workers’ compensation injury, the “Stipulation with Request for Award”. But what is a “Stipulation with Request for Award” and how does it work? A “Stipulation with Request for Award” generally gives you a lifetime medical award (yes, until Read More

SB 1198 introduces new Pawn “Remote Transaction Fee”

By Philip Mastagni | Published December 2, 2024 | Posted in Civil Litigation | Comments Off on SB 1198 introduces new Pawn “Remote Transaction Fee”

On August 19, 2024, the Governor signed into law SB 1198, Pawnbrokers: Fees and Charges, CAPA’s revenue Bill, which updates and increases certain pawnbroker storage fees and charges, as well as, adds a new “Remote Transaction Fee.” What Is the New Law? SB 1198 amends Cal. Financial Code §21200.9 introducing a new “Remote Transaction Fee” as an optional Read More

What is the “Average Weekly Earnings” calculation and why is it important in your Workers’ Compensation Claim?

By Thomas Kurtz, Esq. | Published November 1, 2024 | Posted in Workers' Compensation | Comments Off on What is the “Average Weekly Earnings” calculation and why is it important in your Workers’ Compensation Claim?

Average Weekly Earnings (AWE) is frequently abbreviated as AWE or AWW (Average Weekly Wage). AWE sets the baseline for which certain benefits in a Workers’ Compensation Claim are calculated, such as temporary disability indemnity, permanent disability indemnity, life pension and death benefits. These benefits are subject to statutory minimum and maximum amounts established in Labor Read More

A Change to the Bystander NIED Claim

By Grant Winter | Published September 4, 2024 | Posted in Civil Litigation | Comments Off on A Change to the Bystander NIED Claim

On July 22, 2024, the California Supreme Court ruled in Downey v. City of Riverside (2024) 16 Cal.5th 539, that a bystander may assert a claim for Negligent Infliction of Emotional Distress (“NIED”) for a traumatic event heard through the phone. In a unanimous 7-0 opinion, the Court held that a bystander could “witness” an Read More

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