Lawsuit Seeks to Overturn COVID Standard

Several California agricultural organizations have issued a major broadside against Cal/OSHA’s emergency temporary standard (ETS) about COVID. The lawsuit is seeking to nullify the ETS entirely or several at least … Read More »

Legislative Questions Abound Amid The COVID-19 Shut-Down

California’s Legislature will have an abbreviated session to conduct the people’s business, and sources say legislators are being warned to limit their asks in light of the tightened timeframes. New bills addressing the COVID-19 pandemic, including new presumption measures covering workers in the different industries with a greater exposure to the virus, are under discussion … Read More »

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Governor Signs Flawed AB 5 Legislation Into Law

Gov. Gavin Newsom wasted little time in signing AB 5 into law. The bill by Lorena Gonzalez (D-San Diego) is supposed to codify the California Supreme Court’s Dynamex ABC test for differentiating between independent contractors and employees. And it sets dates for workers’ comp coverage to be provided. It makes little sense say many insurance … Read More »

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AB 5 an Apparent Disaster

Legislative efforts to codify the California Supreme Court’s Dynamex decision and its “ABC” test for differentiating between independent contractors and employees are nearly complete. And they are –– says almost everyone –– a complete mess. Gov. Gavin Newsom came out in favor of the bill, sponsored by Lorena Gonzalez (D-San Diego), just days after it … Read More »

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Major Amendments Before Summer Recess

As the California Legislature approached its Summer Recess, the workers’ compensation community was not unlike the old traditional James Bond martini – shaken, not stirred. The year began with no expectations of significant legislation dealing with workers’ compensation per se, although the California Applicant Attorneys Association (CAAA) has two pieces of legislation, Assembly Bill 1107 … Read More »

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Privacy, Worker Classifications And Presumptions Top 
The Legislative Agenda

The annual bill introduction period is behind us and among the 2,600+ bills introduced are proposals to exempt the workers’ comp system from new consumer privacy rules; expand, constrain and/or in one case carve out exceptions to the Supreme Court’s decision in Dynamex; and numerous presumption measures. Efforts are also underway to expand coverage for … Read More »

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Massive Appellate Loss for Applied Underwriters’

A California Court of Appeal just handed Applied Underwriters a significant defeat. The case will affect Applied negatively in its numerous battles with California employers formerly enrolled in its EquityComp and SolutionOne workers’ comp programs. In a published opinion – that is citable in the other disputes – the Fourth District Court of Appeal ruled … Read More »

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