On October 28, 2019, the Workers’ Compensation Appeals Board (“WCAB”) addressed the competency of California Labor Code Section 4903.8.(d) declarations and provided guidance on important requirements regarding same. Six years… read more »
Labor Code 4903.8(d) Declarations
When filing a lien, a declaration must be made under penalty of perjury providing that certain services and billing statements were provided to an injured employee. Cal. Lab. Code §… read more »
WCAB En Banc Decision Addresses Medical-Legal Lien Claimants’ Burden of Proof & Issue of Waiver of Defenses
On November 14,2019, the WCAB issued its en banc decision in Colamonico v. Secure Transportation (ADJ9542328) regarding a medical-legal lien claimant’s burden of proof and the question of whether a… read more »
Changes in Proposed Rules of Practice and Procedure Effective January 1, 2020
In addition to renumbering and reorganizing the rules of practice and procedure for ease of use for attorneys, insurers, injured workers, and the like, the Workers’ Compensation Appeals Board’s (“WCAB”)… read more »
Two New En Banc Decisions Establish Analytic Framework to Determine “Catastrophic Injury” under Labor Code Section 46601.(c)(2)(B) & Rebuff Defendant’s Challenge to the Court’s Authority to Do So
On May 10, 2019, and July 15, 2019, the WCAB issued en banc decisions regarding whether an applicant’s injury could be deemed “catastrophic” pursuant to Labor Code Section 4660.1(c)(2)(B) and… read more »
Protection of Employers against Claimed Psychological Injuries
California Labor Code Section 3202 provides that the section “shall be liberally construed by the courts with the purpose of extending their benefits for the protection of persons injured in… read more »
Help Us Help You
In this day and age, healthcare providers and medical provider networks face unique challenges when it comes to effecting collections in complex aspects of the revenue cycle such as workers’… read more »
The Bunkhouse Rule
The bunkhouse rule is the legal principle that stands for the proposition that the course of employment requirement in workers’ compensation is satisfied when an employee is injured while living… read more »
Four New Presumptive Work Injury Enhancement Bills in the Current California Legislative Session
February 2019 saw the introduction of four new bills before the California legislature. Each bill seeks to expand the application of an existing presumptive work injury or to create a… read more »
Competing Bills Seek to Reclassify Independent Contractors in Workers’ Compensation Cases
The 2019 legislative session introduces several assembly bills that would codify classification standards held from preceding court cases—standards that would clearly delineate the distinctions between an employee and an independent… read more »