Current Newsletters
The “Firefighter Rule”
Under civil remedy jurisdiction, the general population has a duty to avoid causing injuries to other citizens. This obligation is established relative to driving safely to prevent vehicular accidents, providing a safe place for customers to shop and employees to work, protecting individual personal property, and endless other situations which potentially could result in injuries to the public. Within the safety community, the general...
THE INCREASE IN HOMELESSNESS AND THE CORRESPONDING RISE IN INFECTIOUS DISEASES CONSTITUTE A MAJOR PROBLEM; SAFETY WORKERS MUST HAVE SPECIAL PROTECTION
Gov. Gavin Newsom, in his 2/9/19 State of the State address, commented: “There’s another urgent moral issue we must confront: the homelessness epidemic. So many of California’s homeless — whether they're families, veterans, victims of rent spikes, or survivors fleeing domestic violence — are invisible and left behind by our society. Too many on the streets are suffering from bipolar disorder, schizophrenia or paranoia. Many...
OVERVIEW AND PREPARATION
The California Workers’ Compensation laws were enacted by the legislative body to ensure fair and just treatment of California workers who incur injuries in the course of their employment, and provide them with the medical care they need to cure and relieve the effects of their work injuries through their entire lifespan. The specific language guarantee-ing workers of this right is set forth in the California Constitution,...
PROPOSED CHANGES TO THE LABOR CODE
The Workers’ Compensation system in California was specifically created to compensate employees for injuries sustained in the course of their employment. The primary goal of this compensation is for injured workers to be cured or relieved from the effects of their work-related injuries. Existing law establishes that the Workers’ Compensation system is administered by the Administrative Director of the Division of Workers’ Compensation. The...
MEDICAL CARE CAN EXPAND
The worker that has a job related injury can be entitled to receive medical care to cure or relieve the effects of the injury. Typically, the medical care is ascribed to a particular system and/or body part that were injured in the job-related event, and the medical care can be expanded. There can also be supplemental medical care that is connected to a particular body part and/or systems that were not specifically injured in the...
PROTECTION FOR INJURED WORKERS UNDER THE FIVE-YEAR WINDOW
Workers’ Compensation cases are typically resolved through a trial with a Findings and Award by the Court; a Stipulations with Request for Award agreed to by the parties with an Award by the Court; and/or a Compromise and Release with an Award by the Court. In the case of both the first two procedures (a trial with a Findings and Award; and Stipulations with an Award), a section in the Labor Code grants the Workers’ Compensation...
REVIEW OF WORKERS’ COMPENSATION BILLS ENACTED OR VETOED BY THE GOVERNOR
Assembly Bill 1749, introduced by Assembly Member Tom Daly, allows cities and counties to cover officer injuries allegedly sustained off duty while they are working outside the state of California. Newsletter 2017 Issues #10 and #12, as well as Newsletter 2018 Issues #1 and #2, discuss this bill. The final bill which was signed by Gov. Brown opens the door for officers to receive this benefit, but it does not provide...
THE DREAM THAT BECAME A NIGHTMARE
As many readers are aware, the current Workers’ Compensation system was amended to incorporate Utilization Review (UR) and Independent Medical Review (IMR). The dream for this change was that it would expedite injured workers’ access to the medical care they need, so the system would be more efficient and workers could be treated with fewer delays and thereby recover more quickly. Unfortunately, however, the truth is that the opposite of what...
CONTINUATION OF 420-WEEK EXTENSION FOR FAMILY MEMBERS OF DECEASED SAFETY OFFICERS TO ACCESS DEATH BENEFITS IS NEEDED
ob-related injuries may allow for several remedies regarding the need for medical care, the nature and extent of same, and time off from work for the injured worker. Job-related injuries also may provide separate and independent death benefits to the worker’s dependents in the event the worker dies as a result of the work injury, but specific legislation sets forth that an injured worker’s dependents’ opportunity to procure death...
MANY PENDING LEGISLATIVE AND JUDICIAL DECISIONS WILL IMPACT CALIFORNIA INJURED WORKERS AND THEIR FAMILIES
This newsletter presents a review of pending legislative changes to correct inadequacies in the California Workers’ Compensation system, and discusses a pending Supreme Court decision regarding the degree of accountability of Utilization Review doctors. Law1199.com Newsletter 2017 Issue #12 first discusses a bill which at that time was soon to be introduced by Assemblyman Tom Daly — a legislative proposal which...
