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Category Archive

Workers’ Compensation

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Firefighters at Commercial Airports will now be Entitled to Presumptions for Certain Injuries and Illnesses

By Stuart Woo, Esq. | Published October 13, 2025 | Posted in Workers' Compensation |

On October 6, 2025, Governor Gavin Newsom approved Senate Bill 230 pertaining to active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration. Under the California Labor Code, various classes of law enforcement officers and first responders are entitled to a presumption that certain Read More

Reopening A Workers’ Compensation Claim – New and Further Injury

By Christopher Naughton, Esq. | Published June 6, 2025 | Posted in Workers' Compensation, Workplace Injury |

It’s been three years since you were injured in a work-related accident. The months and months of treatment, the endless deluge of utilization reviews and the pages and pages of doctors’ reports are beginning to fade from memory at last. After finally reaching that point of maximum medical improvement that seemed to never come, you Read More

7 IMPORTANT ISSUES TO CONSIDER BEFORE FILING A PSYCHIATRIC INJURY CLAIM

By Douglas Green | Published April 24, 2025 | Posted in Discrimination, Workers' Compensation, Workplace Injury | Tagged Tags: psychiatric claim, psychiatric injury, PTSD, work-related experiences |

Claims for psychiatric injury are complicated claims. There are several issues to be aware of before you file this type of claim. As a Workers’ Compensation attorney that has represented first responders on hundreds of claims for psychiatric injury, here are some tips regarding what types of claims are compensable under current California law and Read More

SB 487 – A Proposed Amendment to California Labor Code Would Provide Major Benefits to Peace Officers and Firefighters Injured on Duty

By Jeremy Baird | Published March 31, 2025 | Posted in Workers' Compensation |

Introduction As a peace officer or firefighter, getting injured while on the job can be a difficult and stressful experience. Not only do you have to recover from the injury, but the financial burden of medical bills and lost wages can make things even harder. In many cases, workers who are injured on the job Read More

Compensation under the Subsequent Injuries Benefits Trust Fund (SIBTF)

By Thomas Kurtz, Esq. | Published March 28, 2025 | Posted in Discrimination, Workers' Compensation |

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

What is apportionment and why does it matter?

By Thomas Kurtz, Esq. | Published February 14, 2025 | Posted in Workers' Compensation, Workplace Injury |

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 |

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

Settlement – The “Stipulation with request for award”

By Jonathan D. Char | Published December 19, 2024 | Posted in Workers' Compensation |

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

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 |

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

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

By Sam Doost, Esq. | Published August 29, 2024 | Posted in Workers' Compensation |

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

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