by Scott O'Mara | Nov 30, 2023 | Newsletter
The California Workers’ Compensation system developed as a result of a bargain entered into between employers and employees in the early 1900s. The bargain was that employers would provide medical care for injured workers to cure and relieve the effects of their...
by Scott O'Mara | Nov 30, 2023 | Newsletter
JUSTICE The California Constitution (Article 14, Section 4) sets forth the workers’ compensation system and LC §4600 is to provide for a complete medical treatment system to cure or relieve the effects of the worker’s injuries. This treatment shall be provided by the...
by Scott O'Mara | Oct 29, 2021 | Legal
On October 22, 2021, a judge in Kern County determined that the power of the State is such that it can mandate vaccinations for certain employees. The judge stated that the Court was not in a position to dictate which and when such steps should be addressed by the...
by Scott O'Mara | Oct 26, 2021 | Legal, Newsletter
Timelines are established for employers to determine whether a worker’s injury or medical condition is work-related. These timelines are set forth pursuant to labor Code §5402, which provides that once an employer has knowledge of an injury or medical condition which...
by Scott O'Mara | Jul 14, 2021 | Legal
The California Workers’ Compensation system is designed to provide benefits to injured workers in the form of: Medical care to cure or relieve the effects of a work-related injury. Payments in the form of temporary disability benefits. (And for safety...
by Scott O'Mara | Jun 10, 2021 | Legal
In certain catastrophic accidents, artificial compensation limits have been placed on the driver, family members and/or passengers in the vehicle which has been struck. These artificial limits are $15,000.00 per driver or passenger for injury or death to one...
by Scott O'Mara | Jun 2, 2021 | Legal
The continuation of COVID has resulted in a greater understanding of the medical phraseology which defines developments which result from the impact of COVID-19 on prior existing medical problems, as well as problems which develop subsequent to the finding of...
by Scott O'Mara | Jun 2, 2021 | Legal
In two of my previous Law1199.com Newsletters — 2020 Issues 8 and 14 — I discussed the long-term impact of COVID and the fact that conditions associated with the virus may continue even after a change in symptomatology to the point where individuals who have been...
by Scott O'Mara | May 12, 2021 | Legal
Two factors occurring with job-related injuries are the level of impairment and the need for medical care. The level of impairment is determined by medical opinions and comparing the objective findings (i.e., test results) with the subjective complaints of...
by Scott O'Mara | May 4, 2021 | Legal
New legislation — AB 1465 — provides some important corrections to SB 899 and its harm¬ful limitations designed to restrict workers’ access to medical care. AB 1465 expands access to more doctors outside the employer-controlled medical groups, and establishes the...
