Will California Expand Employers’ Duty Of Care

The California Supreme Court heard oral arguments in a case that could create a new liability for employers. It could hold employers liable for secondhand or derivative injuries to an employee’s family and others. Employers warn of an “avalanche of litigation” if the court so determines, while the plaintiff’s attorneys maintain that burden of proof … Read More »

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Tiered Rating Class Action Settled

State Compensation Insurance Fund agreed to put up $65 million to settle class action lawsuits over its tiered rating system filed by Michael Reynolds Enterprise, American Jetter & Plumbing, and … Read More »

Formal Appeal Prompts Reclassification

The administrative law judges at the California Department of Insurance’s Administrative Hearing Bureau resolve disputes between employers and workers’ comp carriers and/or the Workers’ Compensation Insurance Rating Bureau. Cases don’t … Read More »

AG Seeks Rehearing In Loss On AB 5 Challenge

California Attorney General Rob Bonta is petitioning the Ninth Circuit Court of Appeal for a panel rehearing or an en banc review of the court’s March decision to reinstate a constitutional challenge to AB 5 (for past coverage, see Courts Revive…). The petition takes on national importance as Congress considers the ProAct, legislation similar to … Read More »

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Med-Legal Costs Up 50% Since Fee Schedule Change

The Division of Workers’ Compensation billed its update to California’s med-legal fee schedule (MLFS) as a 25% boost to payments for qualified medical evaluators (QMEs). But when reality set in, med-legal costs spiked by 39% in the first year and continued to climb into the second year. The overall result is a 50% increase in … Read More »

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Exception To Privette Doctrine May Allow Lawsuit

Property owners and general contractors are usually protected under the Privette Doctrine from negligence lawsuits if a subcontractor’s employee is injured on the job. A trial court concluded as much when it granted summary judgment in a recent case. But the First District Court of Appeal in San Francisco says there are triable issues of … Read More »

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Applicant Attorney Convicted In Capping Case

The Orange County District Attorney’s office secured a conviction against an applicant attorney linked to a workers’ comp capping scheme that generated hundreds of millions of dollars in illegal billings. A jury found Jon Woods (see photo) guilty on 37 counts, including felony counts for conspiracy and illegal referrals (for past coverage, see Providers…). Woods … Read More »

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Pot Use Unacceptable for Both ‘Safety Sensitive’ and Office Workers

One thing is clear about marijuana in the workplace: “It is unsafe to be under the influence of cannabis while working in a safety-sensitive position,” says the National Safety Council. NSC found – what common sense tells us – that such impairment can lead to injury or death for both operators under the influence and … Read More »

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