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Counseling employers and insurance carriers throughout California.


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Seminar Archives


There’s no sugarcoating it – 2020 was a bear of a year.  Collectively as a society, everyone still in some possession of their faculties and sanity is understandably hoping that in 2021 we can finally come up for air after what feels like a year under a wet blanket.

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In summary, remember that it is always applicant’s burden to prove his or her injury is industrial and whether any presumptions apply. However, the best practitioners will always have their rebuttal evidence prepared to defend all aspects of a claim.

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Though the health statistics indicate that COVID is still spreading at an alarming rate, many counties in California continue looking to new and creative ways to allow people to conduct business while also reflecting public health concerns.  Long cherished traditions and norms in countless industries are being traded by necessity for interesting and new operating procedures.  Restaurants are experimenting with expanded outdoor seating, drive-through flu vaccinations are now offered by most hospitals, and more and more households are having groceries delivered. 

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Apportionment and Inconvenient Bedfellows

The applicability of apportionment on a case by case basis is not a debate which will be over soon. However, by staying on top of the medicals on the file, and ensuring a thorough medical history is developed, Defendant can put themselves into a better position to argue for the application of apportionment where we can establish the industrial injury is not the sole cause of the permanent disability.

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We’re already into October and on our way to a new, and with any luck, better, year.  Halloween is just around the corner, so pick out your costumes if you still have any desire to wear a mask at this point!  Whether you enjoy celebrating Halloween or not, at least take advantage of the one time a year when an adult can eat unhealthy amounts of candy without being judged too harshly.  As usual we’ll be here if you need assistance with any frightening claims.  If you have a workers’ compensation Halloween party to attend, here’s a free costume idea:  a zombie lien.  

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It’s “Probably No Big Deal” – How to Enter into Law Enforcement Service

When a member of the public is injured while engaged in “active law enforcement service,” either on command by the county, (typically a county sheriff) or at the request of a peace officer, California law treats the member of the public as a public employee entitled to workers’ compensation benefits. (Labor Code § 3366, sub. (a).)

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Pandemic of Presumptions: Deciphering SB 1159

This webinar was presented on September 25, 2020 and discussed the newly signed bill SB 1159.

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The New Normal: Work from Home Injuries

This free quarterly webinar was presented on September 9, 2020 and discussed injuries while working from home.

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The California Legislature passed Senate Bill (SB) 1159 before the end of its legislative session this week, codifying the prior Executive Order creating a COVID presumption and creating a rebuttable presumption as to health care workers, peace officers, firefighters, and other first responders and emergency workers, as well as a presumption for other employees in the event of an outbreak of COVID at the workplace.  Two other Assembly Bills (AB) that were being considered, AB 196 and AB 664, were not voted on and so will not become law.  AB 196, the most expansive of the proposed legislation, would have essentially created a conclusive presumption that COVID contracted by an essential worker constitutes an industrial injury. 

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Never Forget the Strength of an Affirmative Defense

While our statute of limitations defense was built upon a mountain of applicant’s errors, not every case is so clear-cut and you may have questions about the viability of your defense.

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