Industry Insights
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Barthel: Is SIBTF a Great Idea Gone Awry? | 01/05/2026 | |
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| By: Donald R. Barthel | |||
| State: CA | Segment: WEST | 0 | |||
| Well, it seemed like a good idea at the time. ...Read More | |||
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Barthel: Are You an Employer, or Do You Use Independent Contractors? Can You Prove It? | 12/24/2025 | |
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| By: Don R. Barthel | |||
| State: CA | Segment: WEST | 0 | |||
| As California’s Assembly Bill 5, AB 2257, Proposition 22 and the millions of dollars poured into that campaign have all demonstrated, whether a hiring party can prove that a worker is an independent contractor makes all the difference in the world. ...Read More | |||
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Barthel: Is Pot a Defense? Are You High? | 12/22/2025 | |
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| By: Donald R. Barthel | |||
| State: CA | Segment: WEST | 0 | |||
| Raising a successful marijuana intoxication defense against an alleged work-related injury may have been complicated by recent legislation, but defendants can still make it a successful defense if they remember the finer points of proving proximate cause. ...Read More | |||
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Barthel: Is Dubon II on the Way Out? | 12/17/2025 | |
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| By: Donald R. Barthel | |||
| State: CA | Segment: WEST | 2 | |||
| With the advent of new case law from the 2nd District Court of Appeal effectively ending the Patterson doctrine, defense attorneys have to question whether the WCAB's en banc decisions in Dubon I and II could eventually be challenged as well. ...Read More | |||
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Burns: Is Personal Appearance at Trial Really Necessary? | 02/24/2025 | |
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| By: Michael P. Burns | |||
| State: CA | Segment: WEST | 0 | |||
| One frequent tactic of some attorneys is to attempt to force the in-person appearance of a claims adjuster at trial. ...Read More | |||
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Bair: Practical Tips for Drafting a C&R | 12/20/2024 | |
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| State: CA | Segment: WEST | 0 | |||
| One of the best things a party can do in the workers’ compensation system is to reach an agreement to settle via compromise and release because it typically resolves liability for future medical care. ...Read More | |||
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Burns: Subpoenaing Out-of-State Records | 10/16/2024 | |
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| By: Michael P. Burns | |||
| State: CA | Segment: WEST | 0 | |||
| One of the most powerful tools in a defense attorney or claims examiner’s arsenal is the subpoena for production of records. ...Read More | |||
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Barthel: Preparing for Doctor Deposition | 09/04/2024 | |
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| By: Donald R. Barthel | |||
| State: CA | Segment: WEST | 0 | |||
| Discovery with med-legal experts can dictate the direction of a case, which makes understanding doctor deposition strategy an essential tool for attorneys and practitioners to have. ...Read More | |||
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Burns: Transportation for Medical Appointments | 07/03/2024 | |
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| By: Michael P. Burns | |||
| State: CA | Segment: WEST | 0 | |||
| There are 27 million licensed drivers in California, a state known for its sprawling freeways that transverse nearly 800 miles of deserts, valleys and coastlines. ...Read More | |||
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Burns: The Commercial Traveler Rule | 03/07/2024 | |
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| By: Michael P. Burns | |||
| State: CA | Segment: WEST | 0 | |||
| A traveling banker was in the course and scope of employment when she died after a night of drinking during a business trip, a California appellate court ruled in an unpublished decision. ...Read More | |||
