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Employers do not owe a duty of care to prevent the spread of “take-home Covid” among employees’ family members, the California Supreme Court concluded in a new published opinion on Thursday. The high court issued…
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In the age of remote hearings and electronic communications, it has become common for parties to informally communicate with each other via email. However, this ease of communication has led to significant pitfalls that can…
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One of the most frequently-asked questions when defendants wish to settle a case is whether the Supplemental Job Displacement Benefit (SJDB) voucher is owed. In many cases, the issue is straightforward and can be answered…
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One of the most effective tools at a defendant’s disposal is the ISO ClaimSearch, which can shed significant light on whether an applicant has preexisting dates of injury from workers’ compensation claims or personal injury…
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Vocational rehabilitation experts may no longer simply ignore physicians’ valid medical apportionment findings and substitute it with “vocational apportionment,” the Workers’ Compensation Appeals Board ruled in a new en banc decision. The WCAB determined in…
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An applicant failed to prove that a defendant neglected or refused to provide medical care, and must continue treating within the defendant’s medical provider network (MPN), according to a new panel decision from the Workers’…
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A new panel decision from the Workers’ Compensation Appeals Board affirmed a decision to reduce an applicant’s attorney’s LC 5710 fees for work performed in response to a deposition of the applicant. The board affirmed…
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When defending against an applicant with a prior award under an older permanent disability rating schedule, practitioners should take a few extra steps to ensure that they get Benson apportionment to the prior award. Although…
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The 2nd District Court of Appeal has now completed oral arguments and is considering final briefing in the dispute over whether the Workers’ Compensation Appeals Board’s “grant for study” process is constitutional or not. The…
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A key California Assembly Committee approved a bill that would provide additional temporary disability (TD) for improperly-denied medical treatment, but the bill still has a long way to go before it would become law. Lawmakers…
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