Gov. Gavin Newsom created a broad rebuttable presumption that COVID-19 claims are industrial on May 6, which applies to a larger class of workers than originally thought. The governor announced an executive order creating the…
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California lawmakers have proposed a rebuttable presumption that “critical workers” COVID-19 claims be presumed compensable, which could create unnecessary litigation if the specific terminology of the bill is not clarified. State Sen. Gerald Hill (D-San…
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Employers cannot avoid liability for the supplemental job displacement voucher by making a job offer for employment that doesn’t exist, according to a new en banc decision by the Workers’ Compensation Appeals Board. The WCAB’s…
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Applicants are filing more and more petitions asking the Workers’ Compensation Appeals Board to invalidate Independent Medical Review determinations, which has made it very important to know exactly how to analyze them and respond to…
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The COVID-19 epidemic has caused a record number of layoffs, furloughs, and terminations, as many businesses have been forced to close due to state and local health restrictions. Unemployment claims have reached a record high…
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The coronavirus outbreak has changed our daily lives in ways that most could never have imagined and only ever saw in the movies. While the effect of the virus on our future is still unknown,…
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As Californians flatten the curve of COVID-19 cases, pressure is mounting for the state to create a rebuttable presumption that the coronavirus is compensable for specific types of workers. After I wrote my first draft…
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Coronavirus and Permanent Impairment COVID-19 is an emerging, rapidly evolving situation. As the COVID-19 situation evolves, we should all expect and accept new information and ideas. We cannot provide concrete information relative to this new…
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It’s important to note that during a crisis, it’s not all bad news. Even during an unprecedented crisis like this one. For instance, while California’s number of cases is still very large according to the…
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One of the most frequent questions we see in workers’ compensation defense is whether the Diagnosis-Related-Estimate (DRE) or Range-of-Motion (ROM) permanent disability ratings apply to the spine. Although state administrators have offered regular review, the…
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