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

The Inalienable Right to Privacy Extends to Bathroom Harassment

By Eduardo Ruiz, Esq. | Published October 29, 2021 | Posted in Civil Litigation | Comments Off on The Inalienable Right to Privacy Extends to Bathroom Harassment

The Inalienable Right to Privacy Extends to Bathroom Harassment The Federal Constitution recognizes the right to privacy in the First, Fourth, Fifth, and Fourteenth Amendment. Similarly, the California Constitution recognizes the right to privacy as an inalienable right under Article 1, §1. The California Constitutional Right to Privacy protects victims against other individuals and private 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 | Comments Off on SB 863: Limitations On Recovery For Psychiatric Disorders Arising Out Of Compensable Physical Injuries

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

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 | Comments Off on Employers Allowed to Ask for Vaccination Status But Employees Not Required to Answer

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

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