Industry Insights
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Kamin: Wildfires and the Incoming Construction Boom's WC Implications | 01/22/2025 | |
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| By: John P. Kamin | |||
| State: CA | Segment: WEST | 0 | |||
| A construction boom is coming to California in the wake of the recent devastating wildfires, and it carries significant implications for the state’s workers’ compensation system as communities build back their homes and communities. ...Read More | |||
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Kamin and Larres: Best Remedy for OTOC Is Removal, Not Reconsideration | 11/14/2024 | |
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| Source: John P. Kamin and Louis A. Larres | |||
| State: CA | Segment: WEST | 0 | |||
| A petition for reconsideration is an inappropriate remedy to a judge’s order taking a matter off calendar, according to a new significant panel decision from the Workers’ Compensation Appeals Board. ...Read More | |||
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Kamin: Eric Hunter of Bradford and Barthel Dies at 47 | 11/01/2024 | |
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| By: John P. Kamin | |||
| State: CA | Segment: Top | 0 | |||
| Eric Hunter, a beloved member of Bradford and Barthel’s family and strong contributor to most of the California workers’ compensation defense firm’s technological advances, has passed away. ...Read More | |||
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Kamin: LC 3600(a)(8) Bars Trucker's Claim | 10/23/2024 | |
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| By: John P. Kamin | |||
| State: CA | Segment: WEST | 0 | |||
| An applicant’s claim can be barred if he is guilty of a criminal charge that is punishable by a “fine or imprisonment in the county jail,” according to a 2022 panel decision interpreting Labor Code Section 3600(a)(8). ...Read More | |||
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Kamin: Labor Code 4053 and a Suspension of Benefits | 08/07/2024 | |
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| By: John P. Kamin | |||
| State: CA | Segment: WEST | 0 | |||
| When an applicant refuses to attend a medical evaluation, one of the more straightforward statutes in the Labor Code allows for the court to suspend a case and bar an applicant’s right to benefits. ...Read More | |||
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Kamin: Amended Bill on Medical Appointments Heads to Appropriations | 07/16/2024 | |
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| State: CA | Segment: WEST | 0 | |||
| California lawmakers recently amended a bill to remove a controversial provision that would have mandated temporary disability for medical appointments. ...Read More | |||
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Kamin and Larres: En Banc Decision Clarifies Kite Rebuttals | 06/20/2024 | |
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| By: John P. Kamin and Louis A. Larres | |||
| State: CA | Segment: WEST | 0 | |||
| The Workers’ Compensation Appeals Board has issued a new en banc decision clarifying how applicants’ attorneys may rebut the Permanent Disability Rating Schedule to add PD and get higher monetary values. ...Read More | |||
| Kamin: EDD's Understaffing and Tech Problems is Delaying Settlements | 05/29/2024 | ||
| State: CA | Segment: Top | 0 | |||
| The Legislature’s failure to fully fund the Employment Development Department has led to a situation where countless settlements are being delayed, and the department’s annual revenues are being artificially depressed due to understaffing. ...Read More | |||
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Kamin: What to Do When Your QME Moves | 05/21/2024 | |
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| By: John P. Kamin | |||
| State: CA | Segment: WEST | 0 | |||
| One factor that can delay a workers’ compensation claim is when a qualified medical evaluator moves offices or changes med-legal services and doesn’t tell the parties. This can and has added months to claims. ...Read More | |||
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Kamin: Expanding the Good-Faith Personnel Action Defense | 04/24/2024 | |
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| By: John P. Kamin | |||
| State: CA | Segment: WEST | 0 | |||
| Defendants can use a successful good-faith personnel action defense to fight compensability of body parts that emanated from an alleged psychological injury, thanks to a 2012 published decision from the 4th District Court of Appeal. ...Read More | |||
