Privacy, Apportionment, Dynamex Bills Clear Houses of Origin

Bills had until the end of May to clear their house of origin to remain alive and nearly a dozen measures impacting workers’ comp in particular and the insurance industry at large remain viable. Nearly all of the bills are expected to undergo additional amendments and refinements as they make their way through the legislative … Read More »

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UR Bill Clears Assembly, Apportionment Bill Still Alive

Two bills backed by the California Applicants’ Attorneys Association (CAAA) are advancing in the Legislature. One addressing utilization review is moving “as a vehicle for on-going discussions” about potential reforms, while the second would restrict apportionment for permanent disabilities. As recently amended, AB 1107 by Assemblyman Kansen Chu (D-Milpitas) would allow claimants to seek penalties … Read More »

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Applicant Attorneys, Labor All In For Expanding Dynamex Decision

The question of who or what is an independent contractor is front and center, both for wage and hour and tax issues and for workers’ comp. The state legislature will be the scene of a major fight this year over the California Supreme Court’s employee classification decision in the Dynamex case and parties on both … Read More »

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Apportionment is Mandatory

A California Court of Appeal overturned the Workers’ Compensation Appeals Board and said apportionment is mandatory when a pre-existing condition adds to the level of permanent disability for an injured worker. The published decision has claims adjusters adapting their processes to identify all the claims that may now be subject to apportionment. The decision is … Read More »

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UR Physicians – No Malpractice Lawsuits

The California workers’ comp industry let out a collective sigh relief when the California Supreme Court, today, handed down its decision in King v. CompPartners. The ruling upheld the workers’ compensation act’s exclusive remedy provisions. Concerns were that a contrary decision would have had a chilling effect on the utilization review (UR) and independent medical … Read More »

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New Insidious Form of Fraud

The crooks are back. It’s no surprise in California that after every reform there are those who figure out how to screw the system. Despite several years of workers’ comp reforms, nefarious individuals have found a way to take advantage of injured employees and employers. The schemes even have applicants’ attorneys aghast. Attorneys say they … Read More »

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CAAA Declares Open Season on Frank Neuhauser

The California Applicants’ Attorneys Association (CAAA) is not getting kicked around anymore, and now it appears it’s getting personal. CAAA is sponsoring AB 680, authored by Assemblyman Kevin McCarty, which would prohibit any study by the Commission on Health, Safety and Workers’ Compensation (CHSWC) from being contracted or conducted until a public hearing is held … Read More »

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