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

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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Gregg et al. v. Providence St. Joseph Health et al: A Challenge Against California’s Hospital Lien Act

On February 12, 2021, a California federal judge remanded to state court a putative class-action lawsuit that challenges the amount that California hospitals can recover through liens against accident victims’ settlements from their tortfeasors under California’s Hospital Lien Act (“HLA”). California Civil Code sections 3045.1-3045.6. The case, Gregg et al. v. Providence St. Joseph Health Read More

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LGBT Workers Protected by Title VII of the Civil Rights Act of 1964

For the past 45 years, bills have been introduced in Congress to add “sexual orientation” to the list of protections in Title VII of the Civil Rights Act of 1964, and in recent years, bills have included “gender identity” as well. But to date, none have passed both the Senate and the House of Representatives. Read More

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New Fines For Failures To Comply With Medicare Reporting Requirements Under Consideration

The Centers for Medicare & Medicaid Services (CMS) has recently proposed new ways to calculate fines for various entities responsible for paying for Medicare beneficiaries’ health costs if they fail to properly report their obligations to CMS. Under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (“Section 111 reporting”) Group Health Read More

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Shipp v. Western Engineering, Inc.

On October 5, 2020, Mastagni Holstedt attorneys, David P. Mastagni and Grant A. Winter, prevailed in overturning a superior court decision that granted summary judgment in favor of a contractor whose alleged negligent conduct contributed to a traffic collision on a public roadway. Mr. Mastagni and Mr. Winter’s work on appeal not only resulted in Read More

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Further Covid-19 Protections For Workers During The Pandemic

Our state government has been hard at work implementing new laws related to COVID-19 in the workplace as it relates to Workers’ Compensation benefits. “Protecting workers is critical to slowing the spread of this virus,” said Newsom. “These two laws will help California workers stay safe at work and get the support they need if Read More

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Mastagni Holstedt Wins Cancer Presumption Exception for Imperial County Probation Officer

We want to acknowledge and congratulate Attorney Brendan Rochford for successfully arguing for an application of the cancer presumption [Cal. Lab. Code §3212.1] for Imperial County Probation Manager Iran Martinez. Mr. Martinez is an officer who was sworn in under Cal. Pen. Code §830.5, which would not allow for application of the cancer presumption. Attorney Read More

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Mastagni Holstedt Law Firm Celebrates 2020 Super Lawyers Honorees & Chosen to Sacramento Magazine’s Top Lawyers list

Mastagni Holstedt APC is excited to congratulate our attorneys who have been chosen to Super Lawyers honorees, Rising stars list and Sacramento Magazine’s Top Lawyers list. Super Lawyers is a rating service from more than 70 practice areas. No more than 5% of the practicing attorneys in each state can be added to the registry Read More

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Hurt at Work & Now Suffering Discrimination/Retaliation

This discrimination story unraveled in an unusual way. An employee represented by Mastagni Holstedt was injured while working a part-time job.  Her employer offered her a full-time job and a $200 gift card to not file a workers’ compensation claim.  However, the employee correctly filed a claim and sought medical treatment.  In response to the Read More

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Can You Be Fired While Out of Work on Temporary Disability?

In the three-week period following the realization that COVID-19 would have a major impact on American life, more than 16 million people filed for unemployment benefits, far exceeding any short-term job loss that this country has ever experienced. On top of this, certain workers are not eligible for unemployment for one reason or another, so Read More

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