Current Newsletters

AB2200 ANOTHER ATTACK TO THE CALIFORNIA CONSTITUTION?

The California workers’ compensation system has a strong foundation that evolves from systems that manifested through Europe and the United States in the late 1800s and the 1900s. President Roosevelt reflecting the workers’ compensation systems stated: Industrial accidents are risk of trade which the law must place on the employer alone. See Newsletter 2015; Issue #5 “Proposed Legislation to Restore the Workers’ Compensation System to Conform...

read more

BROADEN THE PERSPECTIVE

The California’s Workers’ Compensation Institute was established in 1964. This entity also known as CWCI, provides data regarding the cost and results of medical problems and treatments of same in the workers’ compensation arena. The regular members of CWCI are limited to insurers licensed to write workers’ compensation insurance, and there is an associate membership in CWCI which limits the participants to private or public employers who are...

read more

THE NEWEST THREAT BY COVID-19

The New York Times has published an article written by Knvul Sheikh. This was published on 12/27/2023 and reflects that the COVID-19 variants are now becoming more abundant with another common strain called JN.1. This variant was found in September of 2023, and by information obtained by the writer, Sheikh, it accounted for 44% of the COVID-19 cases nationwide by mid-December of 2023. The article reflects that the speed and movement spread...

read more

KNOWLEDGE OF DANGEROUS EXPOSURES AND STEPS FOR PROTECTION

Awareness as to the unique exposures that occur in certain employment situations such as being a firefighter, peace officer (police officer, deputy sheriff, highway patrol or other safety members) is a necessity. These exposures can lead to significant medical problems and impact one’s ability to continue in that chosen career and can lead to challenging medical treatment that is necessary to maintain a comfortable way of life. The exposures...

read more

KEEP YOUR ARMORED VEST, KEEP YOUR BACK-UP WEAPON

The Workers’ Compensation and Retirement systems overlap in many areas, and with this overlap there can be a direct impact on the workers’ compensation case and resolution of the workers’ compensation case and/or retirement case. The concept of a back-up weapon and the armored vest is one of protection. The back-up weapon or armored vest is not one that the safety member will waive. In the development of the workers compensation system, the...

read more

SPECIFIC INJURY, CUMULATIVE TRAUMA INJURY AND ANCILLARY INJURY

Workers’ Compensation provides benefits to the worker that sustains a job related injury. The benefits can be medical care to cure or relieve the effects of the injury, compensation for time off of work, compensation for residual impairment that exists post maximum recovery period. The common awareness is the two types of injuries that have to be proven as job related; a Specific and Cumulative Trauma injury. The more complex injury requiring...

read more

LEGISLATION, PASSAGE, VETOES AND EXPANSION OF MEDICAL EVIDENCE UNDER LABOR CODE §4605

PASSED LEGISLATION Labor Code §3212.15 sets forth specific safety members that have entitlement to a presumption regarding post-traumatic stress disorder (PTSD). The code has an expiration date that has been extended to 01/01/2029. Previously the expiration of this Labor Code was 01/01/2025. The new extension to 01/01/2029 is an important recognition of the safety members as set forth in Labor Code §3212.15 including firefighters and peace...

read more

TIME LIMITS TO OBTAIN A DISABILITY RETIREMENT PROTECTION

There are four major retirement systems that can provide benefits for a disability retirement that are job-related. The systems are similar, but each has a unique template that must be established within a particular timeline. The determination in regards to eligibility is also based upon different theresholds each system may have. San Diego City Retirement System (SDCERS) California PERS (State) California PERS (Local) County Retirement Act of...

read more

MEDICAL CARE FOR PREEXISTING CONDITIONS

If the worker has a job related injury there is entitlement to several benefits; one of the most important benefits is medical care. The California Constitution states that medical care for job injuries is to CURE or RELIEVE the effects of the job related injury. The employer wants to contain and control as many costs as they can in the work related injury. In doing so, they then attempt to remove any medical condition that has become more...

read more

SUPREME COURT NOT EXPANDING MEDICAL COVERAGE TO INFECTED FAMILIES WITH COVID-19

The California Supreme Court was requested by the 9th U. S. Circuit Court of Appeals to make a determination that has impact on not only the federal case, but impact on the workers’ compensation laws and interpretation of same. The question that exists is whether the worker’s COVID-19 that was found to be work-related and was transmitted potentially to the workers family does this establish employer liability for the COVID-19 to the employed...

read more