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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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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UR Bill Clears Assembly, Apportionment Bill Still Alive

Two bills backed by the California Applicants’ Attorneys Association (CAAA) are advancing in the Legislature. One addressing utilization review is moving “as a vehicle for on-going discussions” about potential reforms, while the second would restrict apportionment for permanent disabilities. As recently amended, AB 1107 by Assemblyman Kansen Chu (D-Milpitas) would allow claimants to seek penalties … Read More »

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Industry Fretting Future of Workers’ Comp

The major data analytics in California’s workers’ comp system continue to show improvement thanks to the resilience of the Baker Reforms, but industry insiders are anything but complacent. A new administration, a new Insurance Commissioner and a labor-backed Democratic supermajority in the Legislature are all contributing to an underlying sense of unease. “There’s a restlessness … 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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Applicant Attorneys, Labor All In For Expanding Dynamex Decision

The question of who or what is an independent contractor is front and center, both for wage and hour and tax issues and for workers’ comp. The state legislature will be the scene of a major fight this year over the California Supreme Court’s employee classification decision in the Dynamex case and parties on both … Read More »

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