November 21, 2022
Register for the 2022 PB&W Employment Law Symposium & Wine Tasting
Don’t miss the in-person event held on Thursday, December 1 at the Hilton Garden Inn Burbank. The symposium will cover the biggest issues California employers are facing and provide real-world solutions for navigating legal changes. Panelists will discuss the post-pandemic workforce, wage-and-hour law and trends in employee litigation. For more details and to register, go here.
Join Us for Wine Tasting! RVSP for complimentary wine tasting from 3:30 pm – 5:00 pm here.
The symposium and wine tasting will be held at the Hilton Garden Inn Burbank: 401 S. San Fernando Blvd, Burbank, CA 91502.
Read All About It: Trends in Employment Law & Workers’ Comp
DWC Announces Temporary Total Disability Rates for 2023
The Division of Workers’ Compensation announces that the 2023 minimum and maximum temporary total disability (TTD) rates will increase on January 1, 2023. The minimum TTD rate will increase from $230.95 to $242.86 and the maximum TTD rate will increase from $1,539.71 to $1,619.15 per week. Learn more here.
Governor Newsom Signs Senate Bill 1002 Into Law
Taking effect January 2023, the new law will add licensed clinical social workers to the workers’ compensation system in order “to assess, evaluate and treat the behavioral and mental health needs of injured workers.” Read how here.
Appellate Victory in Arbitration Agreement Case
California’s 2nd District Court of Appeal sided in part with Corinne Spencer and Antwoin Wall in Velasquez v. Northgate Gonzalez Markets. The case highlights the legal challenges for employers when allowing employees to e-sign arbitration agreements. In an interview with KNX Radio, Spencer noted, “Employers need to make sure e-signatures reflect the knowledge and conduct of all parties bound by their agreements.” Read more about the decision here.
Recent Cases Highlight Potential Benefits for Employers in California
The Supreme Court’s decision in Viking River and the Ninth Circuit court’s recent move to rehear U.S. Chamber of Commerce v. Bonta highlights many potential benefits for employers. Antwoin Wall examines this in articles for Daily Journal and Society for Human Resource Management.
Why Small Businesses Are Most Vulnerable
Small businesses in California are the most vulnerable to employment law violations because they may lack the resources or knowledge to protect themselves. Corinne Spencer and Brianna Pearlman explore what employers can do to reduce risk in their article for Law360. Read more here.
To Strike or Replace QME Panel?
When there are two physicians on the Workers’ Compensation qualified medical evaluator panel from the same office or group practice, is it better to strike or ask for a replacement panel? Jeffrey Stern discusses why it may be a Catch-22 situation for employers. Read the full article.
Stress Claims and the Good-Faith Personnel Action Defense
What constitutes good faith personnel actions in stress claims? As found in Countrywide Home Loans, Arrowood Indemnity Company v. WCAB, only actions that are specifically directed towards an individual’s employment status are considered “personnel actions.” Otherwise, all other good faith management actions would be so overly broad as to result in the denial of compensation. Read more here.
Injury From Falling Ice Machine Not a Violent Act
In Sosa v. Race Engineering, Inc., the applicant injured his right hand while loading a heavy ice machine that fell toward him. He was awarded 10% permanent disability for the hand injury, but both the trial judge and WCAB board denied disability for psyche and sleep, saying they were compensable consequences and not due to a violent act. Read more about the decision here.
A Discussion on Workers’ Comp Sports Law
In Case You Missed It
Listen to the Fall Case Law Webinar
Yvonne Lang, Anahid Silah and Meline Sirounian presented the 2022 Fall Case Law Update webinar in October, in which they updated employers on topics pertinent to workers’ compensation claims and employment crossover issues.
If you missed it and would like to learn more, contact your relationship partner at (818) 501-4343 or email Yvonne Lang directly at firstname.lastname@example.org.
Honors & Awards
Best Lawyers Names Antwoin Wall a Lawyer to Watch
Recognized for his work in labor and employee litigation, Antwoin Wall was selected to the 2023 Best Lawyers Ones to Watch list. Antwoin represents employers in discrimination, harassment, retaliation, wrongful termination, and wage and hour claims.
PB&W Honored for Advancing DEI
PB&W was named to San Fernando Valley Business Journal’s Diversity, Equity & Inclusion Awards 2022 list in recognition of the firm’s efforts to advance diversity, equity and inclusion. DE&I Committee Co-Chairs Ada Rodriguez and Antwoin Wall represented the firm at the August awards ceremony. Learn more here.
What’s Going On at PB&W
Panelist at Workers’ Compensation & Risk Conference
Celebrating Hispanic Heritage Month
PB&W celebrated Hispanic Heritage Month in September by hosting a merienda at Porto’s Bakery & Café. Learn more about the team and its commitment to diversity here.
Championing Diversity for the Next Generation