Workers’ Comp eNews

The Workers’ Compensation Appeals Board clarified that parties in a represented case cannot automatically replace a QME who is not scheduling re-evaluations in a timely manner, according to an en banc decision released on Monday afternoon. Read more

On May 8 and June 5, 2025, a panel of esteemed judges from the Bay Area discussed the latest in technology and the practice of Workers’ Compensation including cybersecurity, privacy, data protection and DWC’s new state-of-the-art conferencing system Court Call.  Read more

The date an injured worker realizes they can file a workers’ compensation claim is completely different from the date they knew their disability was caused by a specific job, according to a recently-published decision from the 4th District Court of Appeal (DCA) analyzing how to determine the date of injury on a cumulative trauma claim. Read more

On May 7, 2025, the California Court of Appeal (4th District) issued its opinion in the matter of Travelers Indemnity Co. v. Workers’ Compensation Appeals Bd. (Zeber), 111 Cal. App. 5th 568.   Originally, the Court of Appeal ordered that the case was not to be published.    Read more

The California Lawyers Association Workers’ Compensation Executive Committee has had a busy start to the first half of 2025. Drawing from a dedicated cross-section of volunteer judges and attorneys from across the state, the executive committee members and advisors plan and present a variety of programs and initiatives throughout the year designed to advance our mission which seeks to promote better legal practice, education and legislation affecting workers’ compensation. This year has been no exception. Read more

If you’re involved in the California workers’ comp system as an injured worker, labor advocate or employer, you likely have strong opinions about the fairness and adequacy of the system. But clearly workers’ comp remains a backwater issue for politicians and the public. In the last few years California has seen a property insurance crisis, rising costs for gas, housing, auto insurance, utility bills and food, higher unemployment than most states, and increased concern about crime. Read more

When you see a Mandatory Settlement Conference (MSC) on your calendar in the next few weeks, we generally set a little mental note that says “Oh yeah, I need to get ready for that hearing.” But this touches on the large questions of what does this mean, what do you HAVE to do before an MSC, and what SHOULD you do before an MSC? The best advice is advice we have all heard for many, many years: don’t put off until tomorrow what you can do today. Read more

The Practice and Ethics Subcommittee of the Workers’ Compensation Section is on a continuing quest to improve the levels of professionalism and competence for all practicing before the Workers’ Compensation Appeals Board.  This year, the Practice and Ethics Subcommittee is chaired by Rodman Martin, San Ramon and the vice chairperson is John Parente, San Francisco.   Please feel free to contact the Workers’ Compensation Section with suggestions or practice issues at workerscomp@calawyers.org. Read more

The start of the new year is often a hopeful time; where we greet each other and wish a year full of good health, happiness and prosperity.  Unfortunately, for thousands of our fellow Californians in the Los Angeles area, 2025 could not have started in a more disastrous way.   We have all been devastated to see the images of block after block of neighborhoods in the Pacific Palisades and the Altadena area being decimated by unimaginable infernos fueled by unprecedented hurricane force winds.  The members of the California Lawyers Association Workers’ Compensation Executive Committee mourn the loss of so many lives to the wildfires and share in the grief of all those who have lost their homes Read more

One factor that can delay a workers’ compensation claim is when a QME moves offices or changes med-legal services, and doesn’t tell the parties. This can and has literally added months to a claim. Read more