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Counseling employers and insurance carriers throughout California.

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Seminar Archives

“When the walls come tumblin’ down” – The Case of Applied Materials and the Effect of Treater Misconduct.

The Applied Materials case is a history of worker’s compensation theory and application since 1983 starting with Le Beof, then Western Growers and going through Hikida and resting with Fitzpatrick. The bottom line is that the system failed this injured worker by having an unprofessional physician handle the treatment for this applicant; the rest is left for history.


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“And be a simple kind of man . . .” Seizure Cases in the Modern World

. . . an on-the-job injury, although caused by an idiopathic seizure of the employee, will be found to arise out of and in the course of employment and that the employment need not pose a unique danger to the worker in order for that injury to be compensable.


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“And she’ll have fun, fun, fun till her daddy takes the T-bird away”

Perhaps all of us can take a step back from the crazy volume of paper, phone calls and email that we
receive each day and appreciate that we truly are part of a larger picture and that performing our roles
competently and accountably can positively touch individual lives as well as our shared society as a
whole.


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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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TOP 12 COVID CLAIM INVESTIGATION QUESTIONS

The following is our “Top 12 COVID Claim Investigation Questions” to ask the employer when a new COVID claim is filed.  Every case will involve its own follow-up questions, as well as challenges.  Feel free to use these questions, along with our M&F COVID Presumptive Claims Flowchart to get you started with your claim investigation. This list was developed in collaboration with Jennet Horder at ABD Insurance & Financial Services, who has created a similar list specifically designed for employers;  feel free to request the employer list from Jennet at jennet.horder@theabdteam.com


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How will COVID-19 Infect Worker’s Compensation?

Employers and worker’s compensation carriers may not be unaffected by the COVID-19. Only time will tell. How great of an impact this virus will have in the worker’s compensation system is still unfolding.


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The Wrong Place at the Wrong Time – Injuries Resulting from Observed Harm to Others

The law does not ignore this naked human desire to offer aide, and in fact normalizes such action by adopting “Good Samaritan” statutes to protect those who move to rescue from any unanticipated consequences of their intentions.


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When a Presumption is Not a Presumption

For now, the good faith personnel defense is exempt from Labor Code section 5402(b)’s presumption of compensability.


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The Hidden Weapon of an Earlier Date of Injury

The threat of an earlier date of injury is often necessary when dealing with that annoying codefendant who sits on the sidelines behind their Petition for Dismissal because their coverage ended earlier in a cumulative trauma claim.


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The Intoxication Defense and You

Those of us who defend claims are familiar with most of the defenses based on the “conditions of compensation” found in Labor Code Section 3600, such as “initial physical aggressor”, injury occurring during commission of a felony, etc. In other words, a claim is not compensable if it fails one of these “conditions of compensation.”


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