Today we will discuss a topic that we believe has never been presented to claims professionals anywhere in this state. It’s called “Parental Rights in Workers’ Compensation.” Allow us to begin by asking two questions. As strange as it may seem both scenarios are possible. Let’s begin our analysis by examining the first question where …
Intoxication: A 60-Second Seminar in Workers’ Compensation Claims Handling
Of all the affirmative defenses in workers’ compensation, by far the most difficult for an employer to successfully litigate is intoxication. This defense is comprised of three elements, all of which must be proven by the employer. The purpose of today’s blog is to review the requirements to successfully raise an intoxication defense as it …
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A Promise to Pay: A 60-Second Seminar in Workers’ Compensation Claims Handling
We will begin today’s blog with a question. “Is it possible for someone to be declared a dependent in a death claim based solely on a decedent’s promise to provide financial support?” In other words, “Is a financial promise sufficient to allow successful presentation of a dependency death claim under workers’ compensation?” First, let’s discuss …
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Throwing out a QME Report: A 60-Second Seminar in Workers’ Compensation Claims Handling
There are times when an unrepresented injured worker vehemently disagrees with the findings of a Qualified Medical Evaluator’s (QME), and as a result, the worker seeks legal representation in hope of somehow setting aside the examination report. The purpose of today’s blog is to explain what some applicant attorneys do to throw out a QME …
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The Waiting Period: A 60-Second Seminar in Workers’ Compensation Claims Handling
Surprisingly, workers’ compensation claims professionals continue to encounter problems administering the three-day temporary disability waiting period. One misunderstanding concern whether the waiting period is applied or waived when an injured worker returns to work on light duty at half-days immediately following an injury. In our blog today we will tackle some of the basic questions …
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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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LC § 132a Discrimination: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
In workers’ compensation, it is common knowledge that discrimination in any manner against an injured employee in retaliation for filing an industrial claim is illegal. It is also illegal for an employer to discriminate against a co-worker who testifies or makes known their intent to testify on behalf of an injured worker. The penalties for …
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PD Overpayments: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
California workers’ compensation law requires that permanent disability (PD) advances be issued upon termination of temporary disability (TD) entitlement and/or when the injured worker reaches maximum medical improvement (MMI) status, provided that there is a reasonable expectation PD will be found. Pursuant to Labor Code § 4650(b)(2), there are two exceptions allowing for non-payment of …
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LC 5710 Attorney Fees: A Sixty-Second Seminar in Workers’ Compensation Claims Handling
Pursuant to Labor Code Section 5710, an applicant attorney is allowed to charge an hourly fee when representing an applicant at their deposition in a workers’ compensation case. Unfortunately, we do not have a fee schedule which provides guidance as to how much to an applicant attorney is to be paid for deposition services. In …
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