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Counseling employers and insurance carriers throughout California.

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Seminar Archives

LOOKING FORWARD

A new year is now underway, and there has been a changing of the guard politically, but yesteryear’s problems still plague us, forgive the grim pun.  There is, however, something human about the cyclical yearning for hope and a thaw after a dark night of the soul.  Of course, the challenges ahead are plain.  The


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RETURN TO WORK OPTIONS: BACK TO BASICS

Employers often surmise that an offer of modified work is not necessary or can be made informally. As the cases noted above show, the best defense is always to make a written offer, on the required forms if necessary, that outline the physical duties anticipated. Documentation of the employer’s efforts to accommodate an injured worker will assist the attorneys at Mullen & Filippi in defending against unreasonable demands for TD and vouchers and will result in an overall cost reduction in litigated cases.


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THE STORY OF THE SEASONAL WORKER AND TEMPORARY DISABILITY

Though Jimenez and Ochoa reach the same conclusion, the distinction is an important one. If Jimenez is correct and seasonal employees with no off-season earnings had a temporary disability rate of zero for the off-season, the entire off-season of temporary disability paid at the rate of zero would arguably count toward the 104-week temporary disability cap. On the other hand, under Ochoa that is not the case; during the off-season such employees are simply not entitled to temporary disability and the cap is not implicated.


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