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

Posted by:  Sure S. Log on Oct 20, 2020 2:30:00 PM

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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Gund v. County of Trinity: Application of the Exclusive Remedy Rule to Members of the Public Assisting in Active Law Enforcement

Posted by:  Sure S. Log on Sep 2, 2020 2:27:13 PM

Topics: Special Reports COVID-19

On Aug. 27, 2020, in Gund v. County of Trinity, the California Supreme Court issued a decision that highlights what injured workers must give up as part of the compensation bargain.

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Remote Depositions in Response to COVID-19

Posted by:  Sure S. Log on Mar 27, 2020 2:00:00 PM

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 on Mar 23, 2020 2:00:00 PM

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 on Mar 19, 2020 2:00:00 PM

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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DWC Orders Modified Hearing Calendar and Change in Filing Procedures

Posted by:  Sure S. Log on Mar 17, 2020 9:00:00 AM

Topics: Red Alerts COVID-19

The DWC has decided to take direct action to help contain the corona virus. Here is the notification they sent today: https://www.dir.ca.gov/DIRNews/2020/2020-18.html.

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Special Report: Workers' Compensation Liability For The Coronavirus

Posted by:  Sure S. Log on Mar 9, 2020 3:51:20 PM

Topics: Events

As is now common knowledge, Covid-19, commonly called the "novel coronavirus" or just the "coronavirus," is spreading rapidly across the many parts of the world, including California. Countries around the world are taking dramatic steps to combat the spread of the virus. What does this mean for workers' compensation in California?

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Urgent Report - Skelton v. WCAB: No Temporary Disability While Attending Medical Treatment Appointments

Posted by:  Sure S. Log on Sep 17, 2019 3:20:00 PM

Topics: Press Releases

A California Court of Appeal ruling this month held that an industrially injured employee may not receive temporary disability benefits when he or she takes time off from work to attend medical treatment appointments.

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Liability for the Supplemental Job Displacement Benefit

Posted by:  Sure S. Log on May 23, 2019 3:13:45 PM

Topics: Press Releases

For injuries occurring on or after Jan. 1, 2004, an employee who suffers residual effects from an injury and is unable to return to work is entitled to a supplemental job displacement benefit. The benefit comes in the form of a nontransferable voucher, and often is referred to by practitioners simply as the "voucher."

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Are Saturdays Business Days for the Purposes of Utilization Review?

Posted by:  Sure S. Log on May 23, 2019 2:59:39 PM

Topics: Case Law Updates

Since 2004, an employer is required to conduct a utilization review (UR) in order to dispute a request for medical treatment. Under the current law, if an injured worker challenges a UR determination to deny or modify a request for treatment, the worker must request an independent medical review (IMR) from an organization contracted by the administrative director. If, however, the UR determination is untimely, it is not subject to an IMR. Instead, the determination of medical necessity may be made by the WCAB. (Dubon v. World Restoration, Inc. (2014) 79 CCC 1298 (WCAB en banc).) So, it's crucial for employers to conduct their URs in a timely manner.

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