“Rust” Movie Fatality Raises Host Of Workers’ Comp Issues

The fatal shooting of one worker and the severe injury of another during a movie shoot gone wrong are likely to create disputes over jurisdiction, benefits, and potential tort liability. The injuries occurred on a movie set in New Mexico. The workers are from California, where the workers’ comp policy was produced, but the insured … Read More »

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Workers’ Comp Bills Await Governor’s Action

Workers’ compensation was not a major issue in the California legislature this year, and of the handful of bills still in play as the session came to a close, only two made it across the finish line. SB 788 by Sen. Steven Bradford (D-Gardena), addresses race, gender, and other factors in apportionment decisions. AB 872 … Read More »

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Another Third-Party COVID-19 Claim

A California employer’s fight against an attempted third-party liability claim for COVID-19 is drawing national attention. Will it protect the workers’ compensation system’s exclusivity provision? The fight in state court mirrors another case where a federal court said workers’ compensation covers the claim, but here the trial court is prepared to let the negligence and … Read More »

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Proposition Battles

Late last month, Alameda County Superior Court Judge Frank Roesch ruled that Proposition 22, the “protect app-based drivers” measure passed by the voters last year, was unconstitutional. The reason given … Read More »

Prop 22 Declared Unconstitutional, Appeals Planned

The Alameda Superior Court says the Proposition 22 initiative is an illegal infringement on the California Legislature’s constitutionally guaranteed plenary powers to enact a complete system of workers’ compensation. The court says proponents first needed an initiative to amend the state’s constitution before attempting to amend state statutes. The 2020 initiative bankrolled by Uber, Lyft, … Read More »

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Will There Be Future CIGA Assessments?

The California Insurance Guarantee Association (CIGA) has good news. It is going another year without assessing California employers or other insureds to support its operations. Recent operational changes make future assessments even less likely. Association officials note that CIGA has nearly $2.7 billion in surplus across all of its lines of responsibility – workers’ compensation, … Read More »

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California’s Workers’ Comp Premium Down Overall

The latest industry data on California’s workers’ compensation system shows that written premium for the first quarter of the year is down 13% from the year-ago period. The results, however, are not necessarily apples-to-apples as the pandemic had not yet hit the California economy last year, and this year the economy had not yet reopened. … Read More »

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California Workers’ Comp Loss Ratio at 81%

According to the Bureau’s latest data, California’s workers’ compensation insurance carriers returned a pre-tax underwriting profit of nearly $2 billion last year. The 14% underwriting profit ratio is the third straight year of double-digit underwriting margins, but the results include State Fund’s numbers which adversely skew the results. The results sans State Fund are eye-popping. … Read More »

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