Employer Assessments Hit Historic Highs

The Department of Industrial Relations says it needs $1.377 billion to fund parts of its operations. Those ops include fighting workers’ comp fraud and paying claims under two special funds for injured workers at uninsured employers and those who were partially disabled and suffered a new industrial injury. Costs associated with the latter program – … Read More »

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Appeals Court Adds To Case Law On Apportionment For Preexisting Conditions

The Sixth District Court of Appeal says the Workers’ Compensation Appeals Board erred when it disallowed the 50% apportionment an agreed medical examiner said was due to an injured worker’s preexisting arthritis that contributed to her total knee replacement. The court found the board used an overly broad reading of an existing precedential decision to … Read More »

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2021 CIGA Assessment

The California Insurance Guarantee Association’s board of directors has approved not levying an assessment on employers’ workers’ comp policies. It is the third year in a row no assessment has been levied on California’s employers. Association officials say that in spite of the financial uncertainties surrounding the COVID-19 pandemic and the turmoil it is creating … Read More »

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COVID-19 Executive Order Limits Claim Investigations

California Gov. Gavin Newsom’s executive order creating a temporary presumption that claims for COVID-19 are compensable under the workers’ comp creates a number of departures from the way claims are normally handled. Not only does the order cut the time that employers have to investigate a claim for benefits, but it also limits access to … Read More »

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Workers’ Comp Costs Hidden In Minimum Wage Hike

California is on the path to raising minimum wage rates 50% to $15 per hour and experts agree that the change will have a significant impact on employers’ workers’ comp costs. The cost implications are greatest for those with large numbers of minimum wage workers, but the impact will not necessarily stop just with them. … Read More »

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Court Rejects Another Lien Fee Challenge

The Second District Court of Appeal rejected yet another constitutional challenge to the state’s workers’ comp lien fee provisions. The decision further supports the Legislature’s right to construct a workers’ comp system of its liking. The court’s decision in Chorn v. Workers’ Compensation Appeals Board rejected three workers’ comp applicants from participating in the case for … Read More »

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Workers Get New QME Panel For Subsequent Injury Claims

The Workers’ Compensation Appeals Board says an administrative director’s rule requiring some injured workers in subsequent injury cases to go back to the same qualified medical evaluator (QME) is inconsistent with the labor code and therefore invalid. The decision means that when a subsequent injury is claimed the injured worker and/or employer can request and … Read More »

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