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The American Rescue Plan Incentivizes But Does Not Mandate Covid-19 Related Paid Leave

April, 2021

Apportionment: Case Law Outline Focusing On Evolving Themes, Trends, And Problem Areas

January, 2021 Read More

California Workers Compensation Sports Law Cases

Raymond F. Correio

January, 2021 Read More

An Analysis Of SB-1159 Adding Sections 77.8, 3212.86, 3212.87, And 3212.88 To The Labor Code

Raymond F. Correio

November, 2020 Read More

Apportionment Case Law Update

Raymond F. Correio

January, 2020 Read More

January 2020 Edition California Workers' Compensation

Raymond F. Correio

January, 2020 Read More

Hikida

Raymond F. Correio

October, 2019 Read More

California Workers' Compensation Sports Law Cases

Raymond F. Correio

July, 2019 Read More

Apportionment: Case Law Update Focusing On Themes, Trends, And Problem Areas.

Raymond F. Correio

July, 2019 Read More

Apportionment: Case Law Update Focusing On Themes, Trends, And Problem Areas.

Raymond F. Correio

January, 2019 Read More

Assembly Bill 5 As Amended May 24, 2019 Relating To Independent Contractors

6/11/2019

The Supreme Court’s April 30, 2018 in Dynamex adopting the “ABC” test for independent contractor status for purposes of wage and hour statutes and the May 9, 2019 US 9th Circuit decision in Vazquez applying that holding retroactively may well spill over to workers’ compensation cases based upon the same public policy reasoning.

Workers’ compensation defense lawyers will want to carefully evaluate current cases involving a claimed independent contractor defense to determine the potential outcome were the ABC test to be applied either by a new Supreme Court decision or legislative action such as the attached current version of Assembly Bill 5.

Assembly Bill No. 5

Assembly Floor Analysis

Vazquez vs. Jan-Pro Franchising

Allied Signal Aerospace Et Al V WCAB (Wiggs)

6/6/2019

In the case of Allied Signal Aerospace et al v WCAB (WIGGS), defense prevailed on issue of UR and an employer’s decision to deny or modify an RFA. Court of Appeal reversed the WCAB who erroneously found there was WCAB jurisdiction to hear this UR dispute under one of two exceptions. Court of Appeal found no exception applicable and that the WCAB acted in excess of its jurisdiction in attempting to address the merits the issue of home assessment for housekeeping services.

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United States Court Of Appeals For The Ninth Circuit

In the May 2, 2019 decision, the 9th Circuit in Vazquez, et al. v Jan-Pro Franchising International, Inc. ruled that the California Supreme Court’s decision in Dynamex adopting the “ABC” test applies retroactively when determining whether someone is an employee or an independent contractor for wage and hour purposes. The potential of the same “ABC” test being applied to workers’ compensation cases either by way of another California Supreme Court decision or legislative action this summer affects every pending independent contractor defense case at the WCAB. Workers’ compensation defense lawyers will want to consider this when evaluating a case for settlement value and for determining what witnesses and document need to be made part of the evidentiary record in the event of a trial.

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Apportionment: Case Law Update Focusing On Themes, Trends, And Problem Areas.

Raymond F. Correio

01/2019 Read More

California Workers' Compensation Sports Law Cases

Raymond F. Correio

01/2019 Read More

California Rules Of Professional Conduct

11/15/2018 Read More

Lien Claimants Hereby Dismiss With Prejudice

9/5/2018

On Sept 5, 2018, WCJ William Gunn issued an Order in the Lien Consolidation case of Michael R. Drobot; Industrial Pharmacy Management and California Pharmacy Management. The Order states “Lien Claimants hereby dismiss with prejudice “all bills and liens and forever discharges Carriers (insurance carriers, self-insured employers, third party administrators) from any and all liability for any bills and liens which Lien Claimants have had, now have or could have asserted as a bill for services under the Labor Code or filed as a lien with the WCAB, including but not limited to the cases actually filed” in the lien consolidation case.

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853 Introduced During The 2017-2018 Legislative Session

Kimia Semnani

9/4/2018

853 bills were introduced during the 2017-2018 Legislative Session relating to workers’ compensation. So far this year, only 9 bills were passed by the Legislature and sent to the Governor. The Governor has until September 30 to sign the bill, veto the bill or allow the bill to become law without his signature. Any bill that becomes law will not go into effect until January 1, 2019.

The full text of each bill is attached together with the most recent Legislative analysis report and a redlined version showing how current law would be changed.

Enrolled and Sent to the Governor Awaiting Action

  • AB 479 Gonzalez Fletcher (D-Chula Vista) August 22, 2018 would identify criteria that must be considered when rating industrial breast cancer claims.
  • AB 553 Daly (D-Anaheim) August 31, 2018 would require the Division of Workers’ Compensation to exhaust the $120 million supplemental job displacement fund to eligible workers by sending equal portions of any leftover funds to eligible workers.
  • AB 1697 Daly (D-Anaheim) August 31, 2018 would require the Division of Workers’ Compensation to establish a fraud enforcement unit.
  • AB 1749 Daly (D-Anaheim) August 21, 2018 clarifies current law to make peace officers injured while out of state eligible for workers’ compensation benefits if they act to protect the public.
  • AB 2046 Daly (D-Anaheim) August 29, 2018 would allow district attorneys to roll over any unspent fraud-fighting grant money into the next year’s budget.
  • AB 2496 Gonzalez Fletcher (D-Chula Vista) August 11, 2018 would create a rebuttable presumption that workers who perform janitorial services are employees and not independent contractors.
  • SB 880 Pan (D-Sacramento) August 21, 2018 would allow employers and insurers to pay indemnity benefits with debit cards.
  • SB 899 Pan (D-Sacramento) August 23, 2018 would explicitly exclude “race, gender and national origin” from apportionment calculations.
  • SB 1086 Atkins (D-San Diego) (Ordered Enrolled August 30, 2018) Deletes the sunset clause on a law that provides an extended statute of limitations for workers’ compensation death benefits payable to the survivors of public safety officers who die as a result of work-related cancer or other specified diseases.

Best Practices: Settlement Documents As Case Opening Documents - How To Obtain A Successful “Walk Through” Settlements

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LexisNexis® Legal Newsroom: Raymond F. Correio

Raymond F. Correio

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Apportionment

Raymond F. Correio

January, 2017 Read More

Apportionment

Raymond F. Correio

April, 2013 Read More

Apportionment

Raymond F. Correio

January, 2011 Read More
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