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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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When drawing up a Compromise and Release, it’s important for defendants to include as much relevant information as possible because it strengthens the enforceability of this all-important settlement document. The Compromise and Release (C&R), is…
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Objections to providing a panel qualified medical evaluator with a copy of applicant’s deposition are one of the more unusual disputes in the Labor Code 4062.2 process, but fortunately there are tools for defense attorneys…
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Discovery with med-legal experts can dictate the direction of a case, which makes understanding doctor deposition strategy an essential tool for attorneys and practitioners to have. A doctor’s deposition is often a pivotal discovery tool…
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We at the Law Offices of Bradford and Barthel would like for you, our audience, to send us blog ideas. As the head of Bradford and Barthel’s Editorial Board, I can personally attest to the…
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The workers’ compensation system is designed to be a benefit delivery system to make the injured worker “whole” from their work-related injury, which includes medical treatment. Pursuant to Labor Code section 4600, medical treatment that…
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