Industry Insights
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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 | |||
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Kamin: More Policy Exclusions Would Reduce Losses | 04/18/2024 | |
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| By: John P. Kamin | |||
| State: CA | Segment: WEST | 0 | |||
| Insurance carriers could be saving millions of dollars by properly using exclusions to bar coverage for staffing agencies, thanks to a published decision from 2019. ...Read More | |||
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Kirsch: Depositions of Comp Carrier Employees After Intervening in Third-Party Actions | 04/09/2024 | |
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| By: Ashton T. Kirsch | |||
| State: NA | Segment: NATIONAL | 0 | |||
| Thin skin and subrogation do not go hand-in-hand. We are the crashers at every party and the uninvited guests that nobody wants to see show up when a personal injury suit has been filed. ...Read More | |||
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Kamin and Larres: Significant Panel Decision Clarifies Recon Confusion | 04/03/2024 | |
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| By: John P. Kamin and Louis A. Larres | |||
| State: CA | Segment: WEST | 0 | |||
| The Workers’ Compensation Appeals Board’s 60-day deadline to act on timely petitions for reconsideration is tolled when an administrative error thwarts the deadline, according to a new significant panel decision. ...Read More | |||
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Kamin: New Bill Would Clarify and Allow More Electronic Signatures | 03/15/2024 | |
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| By: John P. Kamin | |||
| State: CA | Segment: WEST | 0 | |||
| A new bill would redefine the Labor Code’s definition of “signature” to clear up any confusion about parties’ ability to use electronic signatures on settlement documents. ...Read More | |||
