Court Allows Injured Worker’s FEHA Claims

A former supervisor for a security firm can proceed with his employment discrimination claims under the California Fair Employment and Housing Act (FEHA).  A decision by the Sixth District Court of Appeal allows the employees to file for alleged failure to provide reasonable accommodation or engage in the interactive process, wrongful termination, and other claims. … Read More »

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No TD After Return To Work, Court Rules

California’s Sixth District Court of Appeal says an injured worker was not entitled to receive workers’ comp temporary disability benefits for the time she lost from work in order to attend medical appointments related to the industrial injury. The court’s decision upholds the same finding by the Workers’ Compensation Appeals Board. The case filed by … Read More »

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California Workers’ Comp Costs Continue To Drop

The Workers’ Compensation Insurance Rating Bureau governing board has a tough decision to make early next month when it meets to discuss a potential mid-year workers’ comp rate filing. A first look at the year-end 2018 industry data shows a five-point decrease in the projected loss ratio from the one used for its Jan. 1, … Read More »

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Proposed WCAB Rule 10498-More Friction For the System?

by William J. Armstrong, Esq. & Owen C. Fennern, Esq.   In our system, it has been common for an employer to overpay temporary disability, due to no fault of the payer. As one illustration, if weekly indemnity is being paid pending an AME or QME, it often times takes that doctor 30-60 days to … Read More »

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Will Taxpayers and Public Agencies Fund New Police Officers Benefits

The California Supreme Court is being asked to decide whether all sworn police officers or only volunteer officers are eligible for the maximum temporary disability benefit allowed. The Workers’ Compensation Appeals Board (WCAB) and the lower courts have ruled in favor of the latter.  An alternate ruling would impact public agencies and the taxpayers that … Read More »

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WCAB En Banc Addresses Timing of Transition From TD To PD Benefits

Temporary disability benefits are limited to a maximum of 104 weeks under California statute, but that doesn’t mean that injured workers have to go without benefits if they are still unable to work by that point in time. In an en banc decision, the Workers’ Compensation Appeals Board clarified that employers have to begin paying … Read More »

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Short-Term Disability Up 68% For State Agencies

California taxpayers are paying 42% more for treating injured state employees than they were just five years ago as the state’s workers’ comp costs have ballooned to $656 million a year. One key cost driver is the rapid increase in spending for short-term indemnity benefits that have skyrocketed 68% over this same time to $152 … Read More »

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Court Rejects Active Police Officer’s Claim For TD At The Maximum Rate

Full time police officers cannot avail themselves of the enhanced benefits the Legislature established for volunteer police officers injured on the job, the Third District Court of Appeal ruled. The decision upholds earlier decisions by the Workers’ Compensation Appeals Board and the workers’ comp judge that the enhanced benefits provided by Labor Code section 4458.2 … Read More »

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