Should the COVID-19 Presumption Be Permanent?

The Senate Labor, Public Employment and Retirement Committee passed on a 4-1 vote a bill to extend several rebuttable presumptions to frontline workers in acute care hospitals, including a permanent presumption for COVID-19 infections. The bill, SB 213 by committee chair Sen. Dave Cortese (D-San Jose), covers a range of infectious diseases, cancers, musculoskeletal injuries, … Read More »

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Legislative Agenda Includes Full Card Of AB 5 Exemption Bills

Legislators rushed to beat last week’s deadline for bill introductions and submitted dozens of measures that could impact California’s workers’ comp system. Over two dozen bills seek to carve out new exemptions to last year’s AB 5 legislation. AB 5 is the highly controversial legislation that codified and enlarged the Dynamex decision’s ABC test for … Read More »

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Mental Health Presumption Signed, More Data Sought

Gov. Gavin Newsom signed into law a bill creating a presumption that any diagnosis of post-traumatic stress disorder (PTSD) for peace officers and firefighters is an industrial injury.  Key legislative consultants also raised concerns about the likelihood the bill will encourage fraudulent claims that will drive up costs for local governments, but it easily cleared … 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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Court Settles Timeline For Seeking Industrial Disability Retirement

A City of Santa Cruz police officer and Gulf War veteran is due industrial disability retirement benefits under a court of appeal decision in a long-running dispute over his eligibility for benefits. The ruling overturns a Workers’ Compensation Appeals Board finding that the officer’s claim for a finding of industrial causation was untimely. The ruling … Read More »

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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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