Exclusive Remedy Upheld

A Southern California federal district court reaffirmed that workers’ compensation is the “sole and exclusive remedy of the employee or his or her dependents against the employer” with its dismissal of a civil wrongful death lawsuit over an alleged delay in treatment. It is an interesting case. Plaintiffs claimed that a delay in care ultimately … Read More »

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Gov. Brown Rejects Labor Bills For Safety Officer Benefits, Private Sector Presumptions

Public sector employers and health care providers dodged a large financial bullet when Gov. Jerry Brown went against organized labor and vetoed three workers’ comp bills covering presumptions and public safety officer benefits. The trio of bills included a proposal for a wide scale expansion of workers’ comp presumptions into private sector workplaces. Gov. Brown’s … Read More »

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Labor Contractor, Presumption Bills Survive Legislative Deadline

A handful of bills addressing workers’ comp presumptions for peace officers and healthcare workers, along with a bill to tighten the rules covering liability issues for labor contracting survived a legislative deadline and moved to the Senate. The bills are expected to increase workers’ comp costs for taxpayers and some private employers if they survive … Read More »

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Private Sector Presumption Clears Initial Committee

A bill –– the first workplace presumption applicable to traditional workers in private sector workplaces –– to apply workers’ comp presumptions is moving in the Legislature after a divided Assembly Insurance Committee gave its approval to AB 2616. The bill would create a presumption that specific types of infections are covered by workers’ comp if … Read More »

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Dems Want 4 More Years For Fire/Police Death Benefits

Against a backdrop of a public already very frustrated with public employees earning more and getting more benefits than those who pay for them, Assembly Speaker John Perez (D-Los Angeles) want to extend the period police and fire workers can get a workers’ comp death benefit. County and local government taxpayers pay public employees benefits. … Read More »

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Nurse Presumption, CIGA Assessment Bills Up For First Hearings

Members of the Assembly Insurance Committee reconvene this morning for the first time since their spring break and will review a host of workers’ comp-related bills. Included in the package are recently amended bills to expand the use of presumptions to some private sector workers, create a guarantee of expedited hearings to others and to … Read More »

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Death Benefits and MRSA Presumption Pass Senate Policy Committee

Over the objections of employers, the Committee on Senate Labor and Industrial Relations cleared two workers’ comp bills addressing firefighter death benefits and a presumption for nurses who contract methicillin-resistant staphylococcus aureus (MRSA). Employers say both bills are potentially costly and unnecessary. AB 808, authored by Assemblywoman Nancy Skinner (D-Oakland), would create a presumption for … Read More »

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Attorneys Fees and Firefighters Both Advance

The business community says that AB 1687, a bill that would expand attorneys’ fees in utilization review (UR) disputes, could cost employers, especially cities and counties, between $60,000 and $280,000 annually. AB 1687, authored by Paul Fong (D-Mountain View), would authorize the Workers’ Compensation Appeals Board to award attorneys fees incurred by injured workers in … Read More »

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