News & Analysis as of

Workplace Injury Labor Code

Laughlin, Falbo, Levy & Moresi LLP

The Duty to Investigate: Applicant’s Attorneys’ New “Gold Mine” in CCR §10109(a)

It is well-established that the purpose of the workers’ compensation system is to provide benefits to employees who suffer on-the-job injuries or certain work-related illnesses. To adhere to the purpose of the workers’...more

Laughlin, Falbo, Levy & Moresi LLP

Time for the WCAB to Act on Petitions for Reconsideration

Do you have any cases that have been pending on Reconsideration and remain unresolved for what you believe to be an unreasonable period of time? If so, you should be aware that ongoing delays issuing decisions at the WCAB...more

ArentFox Schiff

California’s COVID-19 Non-Emergency Prevention Standard Takes Effect

ArentFox Schiff on

The California Occupational Safety and Health Standards Board’s COVID-19 Prevention Non-Emergency Regulation is now in place. It took effect on February 3, 2023, following approval by the state’s Office of Administrative Law....more

Laughlin, Falbo, Levy & Moresi LLP

“You’re really here for a panel dispute?” – WCJ

When Labor Code Sections 4060, 4061, 4062, 4062.1 and 4062.2 were enacted, the panel Qualified Medical Evaluator (QME) process was supposed to be simpler and less costly. As is often true, the legislation did not necessarily...more

Laughlin, Falbo, Levy & Moresi LLP

Applied Materials v. WCAB – Physician Misconduct Compensable and Fitzpatrick Affirmed

The Sixth District Court of Appeal recently issued its decision in the matter of Applied Materials v. WCAB. The decision was initially issued as unpublished and the California Workers’ Compensation Institute obtained an...more

Laughlin, Falbo, Levy & Moresi LLP

Senate Bill 213: Expanding Presumptive Injuries For Health Care Workers

Senate Bill 213 is still working its way through the California Legislature and, as such, is not yet in effect. Because health care workers have significantly increased exposure or susceptibility to particular work-related...more

Laughlin, Falbo, Levy & Moresi LLP

The Covid Vaccines: A Panacea for the Pandemic

As we continue to struggle through the COVID-19 pandemic, there may be light at the end of the tunnel, as California continues with its plan for distribution and administration of approved COVID-19 vaccines. As with all...more

Troutman Pepper

California Governor Expands COVID-19 Protections for California Employees and Imposes Additional Requirements on California...

Troutman Pepper on

Q: Is there new legislation that expands COVID-19 protections to California employees? A: Since the beginning of 2020, employers have had to make significant changes to their operations due to an increasing number of newly...more

Laughlin, Falbo, Levy & Moresi LLP

California Appellate Decision Limits Hikida; Allows Apportionment For Impairment Caused By Medical Treatment

In a recent case which is helpful to the defense bar, County of Santa Clara v. WCAB (Justice), the 6th District Court of Appeal in California limited the scope of the findings in the 2nd District Court’s previous holding in...more

Haight Brown & Bonesteel LLP

Bill Collections Fail With Neglect Of WCAB Administrative Directions

In Meadowbrook Insurance Co. v. Workers’ Compensation Appeals Board (WCAB) (DFS Interpreting), No. C088882, November 21, 2019, the Court of Appeal for the 3rd District of California held that an interpreter company’s failure...more

Seyfarth Shaw LLP

Home Sweet Home Office: Considerations With Remote Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although the concept of working remotely may seem simple, employers must consider several issues before allowing employees to work from home. ...more

Haight Brown & Bonesteel LLP

Proving a Sudden and Extraordinary Employment Injury Must be Rock Solid

In State Compensation Insurance Fund v. WCAB and Jose Guzman, (H044300, filed 1/30/18, publication order 2/23/18), the California Court of Appeal, Sixth Appellate District, rejected Applicant’s argument that a psychiatric...more

Pillsbury - Gravel2Gavel Construction & Real...

In NY, What is a “Elevation-Related Hazard?”

Roughly two weeks before annual National Stand-Down Week (May 2-6), New York’s Appellate Division, RebarGridSecond Department, in Vitale v. Astoria Energy II, LLC, affirmed a trial court’s dismissal of a worker’s personal...more

Haight Brown & Bonesteel LLP

California Court Of Appeal Issues A Utilization Review Determination To Watch

The Fourth Appellate District of the California Court of Appeal issued its determination in a dispute over utilization review in its opinion of January 5, 2016, Kirk King et al. v. CompPartners, Inc. et al, 2016 S. O. S. In...more

Haight Brown & Bonesteel LLP

Court Does Procedural/Substantive Two-Step in Lozano

On May 13, 2015, the Court of Appeal, Second Appellate District, opined in Cynthia Lozano v. WCAB (B258000) that a 2009 amendment to Labor Code section 3212.1 may be applied retroactively to an injurious exposure which...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide