Workers’ Comp eNews

At mid-2023, it’s time to examine the most important developments in California workers’ compensation so far this year. If one tried to separate the wheat from the chaff, what is significant? Here, in no particular order, are my picks: Read more

The California Supreme Court issued its long-awaited decision in the See’s Candies and related cases, finding that employers are not liable for personal injuries or wrongful death when an employee brings home COVID-19 from work, infecting family members. The Supreme Court’s unanimous decision issued July 6, 2023 in Kuciemba v. Victory Woodworks, effectively reversed the outcome of a prior decision of California’s Second District Court of Appeal in Matilde Ek et al. v. See’s Candies Inc. et al. That case rejected defendant See’s Candies request to dismiss a COVID wrongful death lawsuit based on the workers’ compensation “exclusive remedy” rule, allowing the lawsuit to proceed. Read more

The Workers’ Compensation Appeals Board must stop its grant-for-study practice, but is not required to issue a final decision on the merits within 60 days of a petition for reconsideration either, the 2nd District Court of Appeal ruled in a published decision. Read more

I hope you are enjoying a wonderful summer of 2023.  I cannot believe the year as Chair of the Executive Committee is coming to an end. I want to thank each and every member of the Executive Committee for assisting me in accomplishing our goals. I specifically want to thank the Honorable Sharon Velzy for the excellent job of directing our educational programs. The educational programs are our life blood and they keep us going. Please utilize the great opportunities offered in those programs to improve your skills and make you a better attorney. Thank you Saro Kerkonian for providing our members with insightful information with the Enews each month. Read more

An applicant failed to prove that a defendant neglected or refused to provide medical care and must continue treating within the defendant’s medical provider network (MPN), according to a new panel decision from the Workers’ Compensation Appeals Board. Read more

A recent California Workers Compensation Appeals Board panel decision highlights some of the challenges in settling cases with a Medicare Set Aside. Read more

On June 22, 2023, the WCAB issued an en banc decision in Grace Nunes v. State Of California DMV/SCIF(ADJ8210063, ADJ8621818) overturning a Workers’ Comp trial judge’s award of 100% permanent total disability that was largely based on the opinion of the employee’s vocational rehabilitation expert.  Read more

It’s been a busy time for the members of the CLA Workers’ Compensation Executive Committee.  The Committee’s activities were highlighted by the quarterly meeting of the committee on the weekend of May 19, 2023 at the Renaissance Hotel in Newport Beach, CA.  The meeting was held in conjunction with our Committee’s Spring Education CLE Conference.  Read more

An analysis and discussion of the recent WCAB decision of Kave v. State 2022 Cal. Wrk. Comp. P.D. LEXIS 317 Read more

What does ChatGPT know about California workers’ comp? I decided I’d ask it, and during 2 sessions I posed about 45 questions on a wide range of California workers’ comp topics. Both discussions with ChatGPT are included in pdf format below. Read more