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

The “Going and Coming Rule” and Its Exceptions in Workers’ Compensation Cases

By Sam Doost, Esq. | Published August 29, 2024 | Posted in Workers' Compensation | Comments Off on The “Going and Coming Rule” and Its Exceptions in Workers’ Compensation Cases

The general rule is that commuting to and from work is not considered a work activity and the employer is not liable for injuries that occur during regular commuting. The reason behind this is that such travel is not considered part of the employment’s regular “course of employment”. In Hinojosa v. WCAB (1972) 37 CCC Read More

Employee-Only Restrooms are not only for Employees

By Vahagn D. Vartanian | Published June 25, 2024 | Posted in Civil Litigation, Discrimination | Comments Off on Employee-Only Restrooms are not only for Employees

People living with disabilities and/or chronic medical conditions face additional challenges while living out their daily lives. This is not only burdensome, but especially embarrassing for sufferers of Crohn’s disease, ulcerative colitis, or an associated condition. These inflammatory bowel diseases (IBD) involve a debilitating urgency to use the restroom or else face an unwanted bowel Read More

What to Expect at a QME or AME Examination

By Myriah M. Catalano | Published April 24, 2024 | Posted in Workers' Compensation | Comments Off on What to Expect at a QME or AME Examination

When you are injured at work and you file a Workers’ Compensation claim you will most likely be seen by a Qualified Medical Examiner (QME) or an Agreed Medical Examiner (AME). All QMEs and most AMEs are certified to evaluate the injured worker’s levels of permanent disability. Both QMEs and AMEs are neutral medical-legal evaluators Read More

1 st Party Underinsured/Uninsured Motorist Coverage: Know Your Policy

By Brandon Gomez | Published March 27, 2024 | Posted in Civil Litigation | Comments Off on 1 st Party Underinsured/Uninsured Motorist Coverage: Know Your Policy

Law enforcement officers are constantly driving their patrol vehicles while they are heroically enforcing laws and preventing crime. It is a natural consequence that patrol officers are more likely to experience on-duty motor vehicle accidents since they spend more time on the road. In the case of an on-duty motor vehicle accident, officers are entitled Read More

California Senate Bill 553 – Targeting Violence in the Workplace

By Carly M. Moran | Published February 29, 2024 | Posted in Civil Litigation | Comments Off on California Senate Bill 553 – Targeting Violence in the Workplace

On September 30, 2023, Governor Gavin Newsom signed into law California Senate Bill (“SB”) 553, in response to growing concerns over the rise of workplace violence occurring throughout the state. SB 553, codified in Cal. Labor Code § 6401.9, requires virtually all California employers to prepare and implement a written Workplace Violence Prevention Plan (the Read More

The PTSD Presumption

By Jonathan D. Char | Published February 9, 2024 | Posted in Workers' Compensation | Comments Off on The PTSD Presumption

The history of the PTSD presumption This blogger greets you again, but with the topic of Post Traumatic Stress Disorder (PTSD) and Labor Code § 3212.15 (the PTSD presumption). The PTSD presumption under Labor Code § 3212.15 is distinct from general psychiatric injuries under Labor Code § 3208.3 and was first introduced, passed, approved and Read More

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