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Actual Event of Employment Under LC 3208.3(b)(1)

Posted by:  Sure S. Log
Topics: psychiatric injury LC 3208.3 Objective Evidence

Labor Code § 3208.3(b)(1) requires a psychiatric injury to be caused predominantly by "actual events of employment." The Court of Appeal has recognized that "The phrase 'actual events of employment' does not provide clear guidance because it is 'susceptible to many meanings.'" (Verga v. WCAB (2008) 159 Cal. App. 4th 174, 185.) It noted that "The intent of the statute was 'to establish a new and higher threshold of compensability for psychiatric injury' and to 'limit claims for psychiatric benefits due to their proliferation and their potential for fraud and abuse.'" (Verga v. WCAB (2008) 159 Cal. App. 4th 174, 185.)

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Applied Materials v. WCAB: 6th District Court of Appeal Holds That Physician Misconduct Is Compensable, But Upholds Fitzpatrick

Posted by:  Sure S. Log
Topics: AMA Guides Fitzpatrick Medical Treatment Ogilvie

On June 1, 2021, the 6th District Court of Appeal certified for publication its decision in Applied Materials et al. v. WCAB. The decision can be reviewed on the California courts' website. In that case, the Court of Appeal issued a lengthy, 73-page decision addressing multiple issues raised by the parties. The decision is most significant for two issues:

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Obtaining the Voucher After Settlement

Posted by:  Sure S. Log
Topics: voucher return to work voucher C&R

Sometimes, parties settle a claim by way of compromise and release (C&R) before the injured worker is released from care. There are various reasons why they might agree do this. Employees might want to avoid the delays and risks in the litigation process. Employers might want to avoid discovery and litigation costs, and to close the file. Although most issues can be resolved as part of a C&R, Labor Code § 4658.7(g) precludes settlement or commutation of a claim for the supplemental job displacement benefit (SJDB) voucher for injuries occurring on or after Jan. 1, 2013. But an employee is not automatically entitled to the voucher. Pursuant to § 4658.7(b), an employee is entitled to the voucher only if the injury causes permanent partial disability and the employer does not make a timely offer of regular, modified or alternative work.

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QME Evaluations Via Telehealth

Posted by:  Sure S. Log
Topics: COVID-19 QME COVID Telehealth

Because of the backlog of medical-legal evaluations caused by the COVID-19 pandemic, the Division of Workers’ Compensation (DWC) adopted emergency regulations for medical-legal evaluations and reporting. The regulations became effective May 14, 2020, and originally were set to expire March 12, 2021. But they have been extended until Oct. 12, 2021.See DIR Newsline dated March 10, 2021.

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Temporary Disability Benefits Due To Covid-19 Stay-At-Home Orders

Posted by:  Sure S. Log
Topics: Announcements Special Reports COVID-19

The COVID-19 pandemic has had significant financial consequences for many employers and employees. Due to the overall need to protect the public at large from the spread of COVID-19, the state of California and many local governments have issued stay-at-home orders, closing nonessential businesses or allowing them to remain open only if their employees could telecommute. Many businesses were forced to shut down during the stay-at-home orders, and many employees found themselves out of work.

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Remote Depositions in Response to COVID-19

Posted by:  Sure S. Log
Topics: Special Reports COVID-19

Due to the spread of the novel coronavirus, California Gov. Gavin Newsom issued an executive order on March 19, 2020. It requires all individuals living in California to stay home or at their place of residence, except for what are deemed to be essential activities. Services that remain open include grocery stores, gas stations, pharmacies, banks, laundromats and many government and public service functions, including law enforcement, emergency services and utility maintenance and repair.[1]

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The Impact of The Families First Coronavirus Response Act on Employers with Fewer than 500 Employees

Posted by:  Eric H. De Wames
Topics: Red Alerts COVID-19

On March 14, 2020, the House passed the Families First Coronavirus Response Act (H.R. 6201). On March 18, 2020, the Senate passed the bill which was significantly revised from its original form. President Trump signed it into law the same day. The effective dates of these provisions are from April 1, 2020 through December 31, 2020.

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WCAB Emergency Actions in Response to COVID-19

Posted by:  Sure S. Log
Topics: Red Alerts COVID-19

The novel coronavirus, now called COVID-19, is spreading rapidly around the world. There are confirmed cases in every state in our union. Everyone has a duty to act proactively to prevent the spread of the disease. In addition to other measures, the Centers for Disease Control and Prevention recommends "social distancing," which it defines as "remaining out of congregate settings, avoiding mass gatherings, and maintaining distance (approximately 6 feet or 2 meters) from others when possible." It defines "congregate settings" as "crowded public places where close contact with others may occur, such as shopping centers, movie theaters, stadiums."[1] Accordingly, the Division of Workers' Compensation (DWC) and the Workers' Compensation Appeals Board (WCAB) have taken emergency action to limit the number of people who appear at the WCAB district offices around the state. On March 16, 2020, the DWC and WCAB announced a modified hearing calendar and emergency rules on filing.[2] From March...

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