Current Newsletters
FAILURES THAT NEED TO BE CORRECTED
The past president of the California Attorneys Association Attorney Gil Stein issued an article that was published in the Santa Cruz Sentinel on July 18, 2024 that speaks to the failure of the workers’ compensation system regarding medical care and compensation for the work-related injuries. Attorney Gil Stein reflects: Over a century ago California mandated a comprehensive system of workers’ compensation, which was to provide a shield to...
TEMPLATE USED BY SOME EMPLOYERS
The City of Fresno and the Fresno Police Officer Association’s agreement for the Workers’ Compensation Alternate Dispute Prevention and Resolution Program needs to be reviewed in detail. (This agreement is used as a potential template of a contract with some Employees’ Associations). Approved June 23, 2015 with 18 pages of information. On page 1, last paragraph, it states the parties are anticipating that the Alternate Dispute Resolution...
IMPACTS ON MEDICAL CARE, EMPLOYMENT AND DISABILITY
The workers’ compensation case can influence several major factors of employment: Medical care; and Compensation while off-work (Labor Code §4850, TTD); and Ability to return back to full duty; and Ability to retire if necessary. The California Constitution sets forth the employee’s right for medical care to cure or relieve the effects of the job injury. Article 14, Section 4. The most significant foundational element is the treating doctor or...
NURSE CASE MANAGERS HAVE THE POWER OF DOCTORS
The California Constitution specifically mandates in Article 14 Section 4 that the Constitution creates and enforces a complete system of workers’ compensation. The legislative enactment states all provisions of securing safety in the place of employment full provisions of such medical, surgical, hospital or other remedial treatment is required to cure or relieve the effects of the injuries. A work-related injury may have a range of impact on...
POSTING OF WORKERS’ RIGHTS FOR REPRESENTATION AB1870
The Governor signed AB1870 on 07/15/2024 which mandates employers post worker rights of legal representation for the work injury. AB1870 establishes a clear mandate that the employer post additional information regarding the employee’s right for legal representation. If the employer does not follow the proper procedures to educate the employee by posting the rights for treatment, other benefits, and the added rights for legal representation, it...
AB2200 ANOTHER ATTACK TO THE CALIFORNIA CONSTITUTION?
The California workers’ compensation system has a foundation from systems that are 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 with the...
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...
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...
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...
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...