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Seminar Archives

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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I may no longer know precisely what month it is as we stretch into the fifth month of the shelter-in-place orders, but judging by the clear blue skies and the heat, we’re well into what would have been a lovely summer of concerts, festivals, and other large gatherings.  While many summer plans like that romantic getaway to Bora Bora or the family vacation to Walley World have been put on hold or scaled down, we hope you and yours get a chance to enjoy some of the sunshine.  So if you can at all, take a few days and (safely) get out of your home or office, especially important if your home is now indistinguishable from the office. 

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Based on this decision, a Workers’ Compensation Judge has the exclusive jurisdiction to resolve disputes over Vouchers. More importantly, decision clarifies that an employer must make a “bona fide” offer of regular, modified, or alternative work to avoid liability for an Voucher, even to an inmate who had been released from his position previously held in prison. The inability to offer employment does not absolve an employer of the obligation to make a “bona fide” offer of employment.

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It was an unusual 4th of July, with most firework shows canceled, and most backyard gatherings reduced to our immediate quarantine bubbles, though if your experience was anything like mine, people managed to light up the sky throughout the night despite the lack of sanctioned firework shows.  During what will go down as a historically

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