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Industry Insights

 

Kamin: What's Missing at the WCAB 11/07/2023
By: John P. Kamin
State: CA | Segment: WEST | 0
While the pandemic brought many positive changes to the California workers’ compensation system, there is one thing that has disappeared: Wi-Fi. ...Read More
 
 

Kamin: Eliminating Freeway Would Affect SoCal WCAB Office 10/05/2023
By: John P. Kamin
State: CA | Segment: WEST | 0
A group of nonprofits have proposed eliminating a key freeway that would affect many of the people who drive to the Marina Del Rey Workers’ Compensation Appeals Board office. ...Read More
 
 

Kamin and Larres: Parties Likely to Ask High Court to Review Earley Case 08/31/2023
By: John P. Kamin, Louis A. Larres
State: CA | Segment: WEST | 0
The defendants in the case of Earley v. WCAB are likely to ask the state Supreme Court to review the 2nd District Court of Appeal’s decision on the board's “grant for study” practice, according to information learned by the Law Offices of Bradford and Barthel. ...Read More
 
 

Kamin: Panel Decision Clarifies Burdens of Proof in MPN Disputes 06/26/2023
By: John P. Kamin
State: CA | Segment: WEST | 0
An applicant failed to prove that a defendant neglected or refused to provide medical care and must continue treating within the defendant’s medical provider network, according to a new panel decision from the Workers’ Compensation Appeals Board. ...Read More
 
 

Kamin: Panel Decision Takes Aim at Inflated LC 5710 Fees 06/09/2023
By: John P. Kamin
State: CA | Segment: WEST | 0
A new panel decision from the Workers’ Compensation Appeals Board affirmed a decision to reduce the Labor Code Section 5710 fees for an applicant's attorney for work performed in response to a deposition of the applicant. ...Read More
 
 

Kamin: How to Get Apportionment From Older Awards 06/01/2023
State: CA | Segment: WEST | 1
When defending against an applicant with a prior award under an older permanent disability rating schedule, practitioners should take a few extra steps to ensure that they get Benson apportionment to the prior award. ...Read More
 
 

Kamin: Grant for Study Decision Looms 05/30/2023
By: John P. Kamin
State: CA | Segment: WEST | 1
The 2nd District Court of Appeal has now completed oral arguments and is considering final briefing in the dispute over whether the Workers’ Compensation Appeals Board’s “grant for study” process is constitutional. ...Read More
 
 

Knox: 2nd DCA Provides Minimal Relief in Decision on 'Grant-for-Study' Challenge 05/10/2023
By: Jason Knox
State: CA | Segment: WEST | 0
In its soon-to-be-released decision in Michelle Earley et al. v. WCAB, Case No. B318842, the California 2nd District Court of Appeals rejects the Workers’ Compensation Appeals Board's "grant-for-study" procedure, whereby the commissioners grant reconsideration without identify...Read More
 
 

Kamin: Employment Laws Leading to More Ex-Cons in the Workplace 04/18/2023
By: John P. Kamin
State: CA | Segment: WEST | 0
California’s 2018 Fair Chance Act and subsequent legislation that makes it more difficult for employers to avoid hiring ex-cons often has negative effects on both employers and employees and tends to show its ugly head in the workers’ compensation system. ...Read More
 
 

Kamin: COVID Sick Pay a Thing of the Past 03/27/2023
By: John P. Kamin
State: CA | Segment: WEST | 0
Thanks to expiring legislation and Cal/OSHA regulations, COVID-19 sick pay is no longer available for California employees. ...Read More
 
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