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

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

California Legislature Creates Hurdles to Challenging Anti-Gun Laws in Court

By Grant Winter | Published August 16, 2022 | Posted in Civil Litigation | Comments Off on California Legislature Creates Hurdles to Challenging Anti-Gun Laws in Court

The California Legislature recently passed a series of anti-gun laws that are likely unconstitutional, and in order to insulate those laws and all other California gun laws from legal challenges, the legislature passed an oppressive fee-shifting statute creating an enormous hurdle to any would-be litigant who might consider initiating a legal action. California SB 1327, Read More

Emergency Regulation in Workers’ Compensation May Become Permanent

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

A Small Step Towards Normality

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

2021 California Legislative Session: Jaywalking in California

By Grant Winter | Published April 1, 2022 | Posted in Civil Litigation | Comments Off on 2021 California Legislative Session: Jaywalking in California

In the 2021 California Legislative Session, the California State Legislature passed a bill that would have mostly decriminalized jaywalking in California and shifted the rights of way between cars and pedestrians on the streets. (In our June 1, 2021 blog posting we discussed that bill and some of its potential consequences – California’s “Freedom to Read More

Settlements

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

Bitcoin… What Is It Exactly?

By Brett Beyler | Published February 7, 2022 | Posted in Civil Litigation | Comments Off on Bitcoin… What Is It Exactly?

A California Pawnbroker may buy, sell, and enter into pawn on any “tangible personal property”. (See Cal. Bus. & Prof. Code § 21626.) The term “tangible personal property” is defined by California Business & Professions Code § 21627 as “all secondhand tangible personal property that bears a serial number or personalized initials or inscription or Read More

Does The “Alter Ego” Doctrine Apply To Workers’ Compensation?

By Jonathan D. Char | Published January 25, 2022 | Posted in Workers' Compensation | Comments Off on 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

Loss of Consortium Claims

By Carly M. Moran | Published November 15, 2021 | Posted in Civil Litigation | Comments Off on Loss of Consortium Claims

What Is A Loss of Consortium Claim? When an individual suffers a personal injury, it can impact their lives in many ways. Our civil system strives to “make the plaintiff whole,” by putting the injured person in the same position that they would have been in had the injury never occurred. However, a personal injury Read More

Post Paternity Rights

By Grant Winter | Published November 3, 2021 | Posted in Civil Litigation | Comments Off on Post Paternity Rights

In October 2021, United States Secretary of Transportation Pete Buttigieg became the subject of public commentary when it was reported that he had taken several weeks of “paternity leave” from his cabinet position in the midst of numerous nation-wide transportation emergencies. Some accused Secretary Buttigieg of job abandonment. Others commended him as a sort of Read More

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