We believe it is fair to state that for the most part, workers’ compensation administrators are aware that injured workers are entitled up to $10,000 in medical treatment while compensability is under investigation. However, several rules apply before an injured worker qualifies for the $10,000, and some claims adjusters have only a partial understanding of …
OCIP and CCIP Policies: A 60-Second Seminar in Workers’ Compensation Claims Handling
Today’s blog focuses on an advanced topic in the realm of workers’ compensation insurance. Let’s presume a general contractor is hired by a developer to build a 50-story downtown skyscraper. As the project will be a major undertaking, the project will require the use of many different sub-contractors, such as carpenters, electricians, roofers, carpet layers, …
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New Laws of 2024: A 60-Second Seminar in Workers’ Compensation Claims Handling
Hello and Happy New Year’s wishes to our friends, clients, and colleagues in the workers’ compensation claims community! F&B is proud to publish the 100th edition of our “60 Second Seminar” series of workers’ compensation educational blogs, providing practical, succinct, and timely information for use by insurers, claims administrators, employers, and brokers! It is also …
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Requesting a Resignation: A 60-Second Seminar in Workers’ Compensation Claims Handling
For years, it was a common practice for employers to require a resignation before settling a workers’ compensation claim by Compromise and Release (C&R). However, all that changed on 1/1/2020 when Assembly Bill 749 was enacted, amending Code of Civil Procedure § 1002.5(a), prohibiting mandatory resignation as a condition to the settlement of an employment dispute, …
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Volunteers: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
In general, California’s Workers’ Compensation Act excludes benefits to “volunteers” who are injured while rendering services to a business, on the grounds that they are not “employees.” Having written that, and even though the parties may have agreed beforehand that a worker is a volunteer, the situation often changes once an accident occurs and the …
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In Memory of Paul Lee, Esq.
It is with profound sadness that we announce the sudden and tragic death of our treasured friend and co-worker, Paul Lee, Esq., who passed away on Friday, March 10, 2023. Paul’s warm and caring personality, his joy of life, and his boundless professional and personal talents will be terribly missed and impossible to replicate. We …
Benefit Printouts: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Today’s blog focuses on a topic seldom discussed in workers’ compensation. It concerns benefit printouts. Rule 10635 places a duty on the claims administrator to serve a benefit printout within 20 days upon request and no later than the date of a Mandatory Settlement Conference. Service of a printout has become so routine that it …
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Self-Imposed Penalties (SIP): A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Today’s blog discusses an error occurring with frequent regularity regarding administration of self-imposed penalties (SIP). Let’s begin by reviewing the SIP statute. Subsections (c) and (d) of LC §4650 state as follows: (c): “Payment of temporary or permanent disability indemnity subsequent to the first payment shall be made as due every two weeks on the …