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Doctor's Sexual Abuse Held Compensable and Disabling

In Applied Materials v. Workers Compensation Appeals Board and D.C. and Specialty Insurance Co. v. Workers’ Compensation Appeals Board and D.C., the Sixth Circuit of California’s Courts of Appeal annulled the WCAB award of...more

SB 1159 Extends COVID-19 Presumption of Compensability

On Thursday, September 17, 2020, Governor Newsom signed Senate Bill 1159. The bill replaces Newsom’s Executive Order N-62-20 and extends the presumption of industrial injury to certain employees who fulfill the criteria...more

California Employers Catch New COVID-19 Reporting Obligations

As soon as Governor Newsom signs the bill, California employers must abide by SB 1159 which creates for some employees an expanded presumption that COVID-19 caused illness or death qualifies for workers’ compensation...more

Governor Newsom Orders COVID-19 Compensation Presumption

On March 4, Governor Gavin Newsom proclaimed a State of Emergency exists for California due to the threat of COVID-19. On March 13, President Trump announced a national emergency in response to the coronavirus outbreak. Since...more

California Considers COVID-19 Presumption

Haight Brown & Bonesteel LLP continues to monitor legislative changes made to or considered for the California workers’ compensation system due to the COVID-19 pandemic. On March 13, President Trump announced a national...more

AB 203: How Global Climate Change and Valley Fever Impact Workers’ Compensation

According to a recent University of California Irvine study, scientists predict that with increasing temperatures and shifting precipitation patterns associated with client change, the incidence of human coccidioidomycosis...more

Bill Collections Fail With Neglect Of WCAB Administrative Directions

In Meadowbrook Insurance Co. v. Workers’ Compensation Appeals Board (WCAB) (DFS Interpreting), No. C088882, November 21, 2019, the Court of Appeal for the 3rd District of California held that an interpreter company’s failure...more

Appeals Board Clarifies Medical-Legal Lien Burden of Proof

The Workers’ Compensation Appeals Board (WCAB) issued a unanimous en banc decision on November 14, 2019 clarifying what the initial burden of proof is for a medical-legal lien claimant and what are defendant’s obligations in...more

CIGA Frustrated By Special Employee Contract Terms

In Travelers Property Casualty Co. of America v. WCAB (CIGA) (Filed 9/18/19; Certified for Publication 10/2/19), the Court of Appeal for the 2nd District of California determined that in a workers’ compensation policy the...more

Lost Time For Treatment May Not Be Compensable

The Court of Appeal has ruled that the grand bargain underpinning the workers’ compensation system does not envision paying indemnity for medical appointments taking place without temporary disability. Renee Skelton v....more

Everybody’s Working for the Weekend, But Not on a Saturday According to Labor Code

In its recent significant panel decision, Puni Pa’u v. Department of Forestry/Cal Fire (Filed 09/11/2019), the Workers’ Compensation Appeals Board (WCAB) concluded that Saturday is not a working day when applying Labor Code...more

WCAB Lost Sight of LC 4663 Apportionment Language in Lindh

In City of Petaluma v. WCAB and Lindh, (A153811, Filed 12/10/18), the California Court of Appeal, First Appellate District, rejected Applicant’s claim that apportionment of permanent disability may not reflect a previously...more

Court Throws Flag on NFL Player’s Claim of California Jurisdiction

The California Court of Appeal, Fourth Appellate District, in Larry Tripplett v. Workers’ Compensation Appeals Board, Indianapolis Colts, et al., G054825 (June 28, 2018), found that California jurisdiction in a workers’...more

Settling Civil Rights Within a C&R Requires Careful Drafting

The California Court of Appeal, Fourth Appellate District, in Adrian Camacho v. Target Corporation, D073280 (June 8, 2018), determined that for a workers’ compensation settlement to effectively bar a civil action for...more

New and Further Disability Does Not Extend Temporary Disability Rights

In County of San Diego v. WCAB and Kyle Pike, (D072648, filed 3/6/18), the California Court of Appeal, Fourth Appellate District, rejected Applicant’s claim that temporary disability benefits are payable more than five years...more

Proving a Sudden and Extraordinary Employment Injury Must be Rock Solid

In State Compensation Insurance Fund v. WCAB and Jose Guzman, (H044300, filed 1/30/18, publication order 2/23/18), the California Court of Appeal, Sixth Appellate District, rejected Applicant’s argument that a psychiatric...more

Disclosure of Personal Information Leads to Employer and Supervisor Liability

In Delane Hurley v. California Department of Parks and Recreation, California Court of Appeal, Fourth Appellate District, D070098 (February 21, 2018) plaintiff Hurley recovered damages for intentional and negligent infliction...more

Due Process Does Not Require Disclosure of Independent Medical Reviewer

Zuniga v. WCAB (Interactive Trucking, Inc.), 2018 A143290 confirms that Labor Code Section 4610.6(f) prevents the Workers’ Compensation Appeals Board from ordering an Independent Medical Review (IMR) organization from...more

Employee’s Decision To Forego Certain Damages Against Third-Party Does Not Diminish Employer’s Recovery Rights

In Duncan v. Wal-Mart Stores, Inc. (Cert. for Pub. on 12/13/17, No. G054220), the California Court of Appeal held that a plaintiff-employee is not entitled to reduce her employer’s lien to recover paid temporary disability,...more

Hotel Housekeeper Overcomes Workers’ Compensation Exclusivity to Maintain FEHA Action for Assault

In M.F. v. Pacific Pearl Hotel Management LLC (Cal. Ct. App., Oct. 26, 2017, No. D070150) 2017 WL 4831603, a hotel housekeeper (known as M.F. to preserve her privacy) was assaulted and raped at work by a trespasser known to...more

Employee Given Two Bites of the Intentional Infliction of Emotional Distress Apple

It is well-established that the workers’ compensation system serves as the exclusive remedy for an employee who suffers injuries arising during the course and scope of employment, including psychiatric injuries. Recently,...more

Privette Doctrine Prevails To Protect Maintenance Contractor

In Alvarez v. Seaside Transportation Services, LLC et al. (No. B275980, filed July 20, 2017), Division Eight of the Second Appellate District affirmed a trial court grant of summary judgment to defendants based on the...more

Court Orders Retreat From Workers’ Compensation Apportionment To Non-industrial Causes

Workers’ compensation litigation often is driven by disagreement over the apportionment of permanent disability. A vast body of case law exists reflecting the courts’ efforts to resolve conflicts between the provisions of the...more

Legislature's Plenary Power Trumps Constitutional Attacks As Court Upholds IMR Process

A second district of the California Court of Appeal has now upheld utilization review (UR) and independent medical review (IMR) as constitutional means to manage medical treatment in California's workers' compensation system....more

When Does Permissible Communication Become Impermissible Information In AME Contacts?

On January 23, 2017, the Workers’ Compensation Appeals Board issued its first en banc decision since April 2016. In Bradley Maxham v. California Department of Corrections and Rehabilitation, ADJ3540065, the Board clarifies...more

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