BLOG

One of the best things a party can do in the workers’ compensation system is to reach an agreement to settle via Compromise and Release (C&R), because it typically resolves liability for future medical care….
Read More

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…
Read More

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…
Read More

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…
Read More

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…
Read More

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…
Read More

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…
Read More

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…
Read More

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…
Read More