What to Expect at a QME or AME Examination

By Myriah M. Catalano | Published April 24, 2024 | Posted in Workers' Compensation |

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

The PTSD Presumption

By Jonathan D. Char | Published February 9, 2024 | Posted in Workers' Compensation |

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

News Alert: NO MORE COVID-19 PRESUMPTION IN 2024

By Corina Yetter | Published January 10, 2024 | Posted in COVID-19, Workers' Compensation |

On September 17, 2020, Labor Code section 3212.87 created a rebuttable presumption that certain public safety officers, first responders, and healthcare workers infected with COVID-19 would be entitled to California Workers’ Compensation benefits. This law also created the presumption that an illness or injury from COVID-19 infections is caused by the jobs in those categories. Read More

Hottest Year on Record Supports New Rules Protecting Workers from Heat Injury

By Corina Yetter | Published November 10, 2023 | Posted in Workers' Compensation |

According to scientists, the 2023 calendar year will likely go down in the record books as the hottest year ever. (Guardian 11/8/2023) . Though extreme heat dramatically affects the planet in many ways, it also affects workers who can die or be seriously injured and disabled by heat- related injuries. In 2022, the California Legislature Read More

Drug Users as a Protected Class? Employers’ New Obligations Under the Marijuana Use “Anti-Discrimination” Laws; and California’s Narrow Escape from Legal Psychedelic Mushrooms

By Grant Winter | Published November 9, 2023 | Posted in Discrimination, Workers' Compensation |

Employers must be aware that many aspects of law and society are quickly evolving and old “norms” may not be reliable for dealing with employees in California. This is particularly true regarding use of illicit drugs like marijuana and psychoactive mushrooms. Recently, the California Legislature passed a bill permitting use and possession of certain hallucinogenic Read More

Can a Finding of a “Synergistic Effect” Allow the Use of a Different Method Than the Combined Value Chart (CVC) to Combine Impairments?

By Alex Saelee | Published October 5, 2023 | Posted in Workers' Compensation |

CVC: The “Traditional” Method. In general, when you are injured, you will be given an impairment rating by a doctor for that injured body part, which determines the amount of disability benefits you get depending on your impairment rating. The ratings for injuries are expressed as a percentage from 0% (no disability) to 100% (permanent Read More

Off Duty Injuries

By Jonathan D. Char | Published August 16, 2023 | Posted in Workers' Compensation |

Today’s topic is of off duty injuries (which may be compensable). Generally, liability for compensation, without regard to negligence, exists against an employer, for injuries arising out of the voluntary participation of an off-duty recreational, social, or athletic activity, that are reasonably expected or that are expressly (or impliedly) required by the employment. See Labor Read More

What is Permanent Disability and How is it Determined?

By Myriah M. Catalano | Published May 31, 2023 | Posted in Workers' Compensation |

Some work injuries are minor, but some leave you with a long-lasting disability that affects you for life. Permanent disability benefits generally compensate those who are not expected to fully recover from their work injury. However, there are certain requirements in order to obtain a permanent disability status before you can get compensated. Permanent Disability Read More

Specific VS. Cumulative Injury

By Damon T. Appelblatt | Published May 15, 2023 | Posted in Workers' Compensation |

Welcome to our informative blog where we aim to provide a comprehensive understanding of workers’ compensation. In this post, we will be shedding light on a frequently misunderstood topic: the distinction between specific injuries and cumulative injuries. Our aim is to explore the key differences between these two types of injuries by providing illustrative examples, Read More

How to Make Your E-signature Bulletproof: California Uniform Electronic Transactions Act’s Special Requirements

By Brandon Gomez | Published May 3, 2023 | Posted in Workers' Compensation |

Humankind is in a rapid transition to an intangible cloud-based lifestyle, and society continues to be presented with issues caused by such change. Smartphone applications now allow individuals to create and disburse deep fake videos, celebrity audio voice overs, and fabricated images at the palm of their hands. The issues caused by such power not Read More

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