The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides benefits, medical care, and vocational rehabilitation services to employees who suffer injuries or illnesses while working on or near navigable waters…
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The consumption of illicit substances, such as alcohol, marijuana and prescription narcotics, before or during work hours is on the rise amongst American workers, thus giving rise to more workers’ compensation claims involving the intoxication…
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A petition for reconsideration is an inappropriate remedy to a judge’s order taking a matter off-calendar, according to a new significant panel decision from the Workers’ Compensation Appeals Board. The WCAB warned that inappropriate petitions…
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Picture this scenario: a 62-year-old backhoe operator working in one of the many residential construction developments in Bakersfield, Calif., has been suffering from recurring fever, cough, tiredness, shortness of breath, headaches, chills, night sweats, joint…
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In California workers’ compensation trials, witnesses play a major role in providing the testimony needed to clarify the facts of the case. One tool that helps ensure witness participation is the subpoena. While most are…
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An applicant’s claim can be barred if they are guilty of a criminal charge that was punishable by a “fine or imprisonment in the county jail,” according to a 2022 panel decision interpreting Labor Code…
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One of the most powerful tools in a defense attorney or claims examiner’s arsenal is the subpoena for production of records. This tool allows defendants to obtain medical records, employment records, and documentary evidence which…
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A bill allowing parties to use electronic signatures on settlement documents is the most prominent bill signed into law during the 2024 legislative session by Gov. Gavin Newsom. Newsom capped the 2024 legislative session by…
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One of the most nebulous, omnipresent topics which can loom over a worker’s compensation claim is the concept of whether an injured worker is being forthright and how that is to be assessed. The author…
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The Division of Workers’ Compensation has added two vocational rehabilitation counselors to the Labor Code 4615 list in lieu of a recent indictment with allegations of an improper referral arrangement. The DWC’s addition of the…
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