Workers’ Comp eNews

2019 is done. It’s time to assess the most important developments in California Workers’ Comp in 2019. Read more

AB 749 was signed into law and took effect on January 1, 2020. The law places certain restrictions on employment resignation agreements. Some employers are asking if the law prohibits asking for a resignation and agreement not to re-apply as a condition of entering into a C&R Agreement. Read more

February is the month of romance and getting over the indulgences of the New Year and holiday season. We celebrate Valentine’s Day and Presidents Day and we get used to putting a new year end date on our correspondence and checks (when we remember). Read more

The Executive Committee of the Workers’ Compensation section of the California Lawyers Association, and the section’s membership, wishes to express its deepest gratitude to the Honorable Colleen Casey who for ten years magnificently served as the principal editor of the workers’ compensation section’s monthly Enews bulletin. Read more

On December 17, 2019 the final version of revisions to the Rules of Practice and Procedure contained in Title 8, Sections 10300 to 10999, of the California Code of Regulations, were filed with the Secretary of State of California, after an opportunity for consideration of public comments. The revised Rules of Practice and Procedure go into effect as of January 1, 2020. Read more

By Kenneth Kingdon Did you know: A strict rating of the AMA Guides permits combining station and gait with a rating for radiculopathy.The American Heart Association has issued new guidelines for diagnosing hypertension.Table 11-2 in Chapter 11 should be ignored as it should not have been included in the Guides.Chapter 18 ratings for pain are based on the effect of pain on ADLs.The Guides incorporate synergy into several of its ratings.According to recent case law, the WCAB does not believe… Read more

Substantial evidence. It’s the bedrock standard for the Workers’ Compensation Appeals Board (WCAB). All decisions they make must be supported by substantial evidence. Otherwise, the WCAB has a duty to develop the record so they can get evidence that is substantial. Read more

As Chair of the California Lawyers Association Workers’ Compensation Executive Committee I hereby express our best wishes to the community and our mutual wish for a special and productive New Year! In line with our expressed interests in improving the reputation and quality of our area of practice, we have planned a year chock full of excellent educational events, community outreach , coordination with other sections, assistance to the appellate courts and of course our pride and joy the continuation of our excellent publications the E-New and the Workers’ Compensation Quarterly. Read more

After a contentious debate during the 2019 legislative session, AB 5 passed and was signed by Governor Newsom on September 18. Read more

We have arrived at the time of year when the holidays and the rush of preparation and celebration tends to raise our blood pressures, raise unrealistic expectations, increase our waistlines and to distract us from what we really should be doing as the year comes to an end. What we as individuals and as a community should be doing at this time of year is reflecting upon the year that has passed, the good and bad and engaging in introspection. Are we satisfied with how we have conducted ourselves? Are we pleased with what we have accomplished? Have we treated our fellow practitioners? Have we treated family, friends and acquaintances in the way we would expect to be treated? Have we contributed to making our world a better place or not? Read more