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New California Law Adds Licensed Clinical Social Workers to Workers’ Comp System

November 16, 2022

In September, Governor Gavin Newsom signed into law Senate Bill 1002, which is intended to address the mental health needs of injured workers. The law will allow medical provider networks, workers’ comp insurance carriers, self-insured employers and agents of employers... Read More

To Strike or Replace a QME Panel Containing Physicians with Possible Joint Financial Interests? It’s a Catch 22

California Department of Industrial Relations Regulation section 31.5 details the various situations where a replacement panel of qualified medical evaluators may be deemed appropriate in workers’ comp cases.  Under Regulation section 31.5(4), a replacement panel is available where “A physician... Read More

Recent Decision and Case Law Shows That Stress Claims are not Barred by Good-Faith Personnel Action Defenses

If you thought you knew what constituted lawful, non-discriminatory, good faith personnel actions, think again.  As highlighted by a 2021 case, only actions that are specifically directed towards an individual's employment status are considered "personnel actions.” Otherwise, all other good... Read More

Injury Caused by Falling Ice Machine Found Not to be a Violent Act

In Sosa v. Race Engineering, Inc., Insurance Company of the West, the workers’ compensation applicant was injured while loading a heavy ice machine that tilted and fell toward him, causing him to raise his right hand to get out of... Read More