Industry Insights
Kamin: Lawmakers' Initial Bills Show Interest in PTSD Presumptions | 03/23/2023 | ||
By: John P. Kamin | |||
State: CA | Segment: WEST | 0 | |||
California lawmakers have proposed a number of bills during the current legislative session that would make thousands more employees eligible for post-traumatic stress disorder presumptions. ...Read More | |||
Kamin: Taking Care with Medicare Set-Asides and Conditional Payments | 12/22/2022 | ||
By: John P. Kamin | |||
State: NA | Segment: Top | 0 | |||
All parties in the California workers’ compensation system should avoid the temptation to cut corners when it comes to Medicare, especially in lieu of the Medicare Secondary Payer Act and the tremendous powers it affords to the federal government. ...Read More | |||
Kamin and Adil: Dependents and Dancing With the DWD | 12/21/2022 | ||
By: John P. Kamin and Amir F. Adil | |||
State: CA | Segment: Top | 0 | |||
Plotting a path forward on death claims strategy can be full of uncertainty, especially when it’s unclear whether there are any dependents. ...Read More | |||
Kamin: Could Employer-Mandated COVID Sick Pay Become a Thing of the Past in 2023? | 12/20/2022 | ||
By: John P. Kamin | |||
State: CA | Segment: Top | 0 | |||
Based on recent statutory and regulatory changes, it is very possible that employers will no longer be liable for COVID sick pay in 2023 and beyond. ...Read More | |||
Kamin: High Court Appears Primed to Rule on 'Take-Home COVID' in 2023 | 12/09/2022 | ||
By: John P. Kamin | |||
State: CA | Segment: Top | 0 | |||
The California Supreme Court is on track to have a rather significant ruling in 2023 on a question of whether a civil suit stemming from a “take-home COVID” claim is barred by the derivative injury doctrine. ...Read More | |||
Kamin: The Lien Statute of Limitations | 12/08/2022 | ||
By: John P. Kamin | |||
State: CA | Segment: Top | 0 | |||
The first and arguably easiest thing a defendant should do when evaluating any lien is to determine whether it was timely filed within the statute of limitations. ...Read More | |||
Kamin: General and Special Employers | 11/29/2022 | ||
By: John P. Kamin | |||
State: CA | Segment: Top | 0 | |||
Nothing can quite turn a straightforward-looking case into a mess like a confusing mix of general and special employers all on a single work site. ...Read More | |||
Kamin: Reminder: Check to See if Liens Are Stayed or Dismissed | 11/16/2022 | ||
By: John P. Kamin | |||
State: CA | Segment: Top | 0 | |||
The fact that the Division of Workers’ Compensation suspended 178 medical providers during the first eight months of 2022 serves as a fresh reminder that when negotiating lien settlements, defendants should be checking to see if specific liens are stayed or dismissed. ...Read More | |||
Kamin: Transition to E-Hearings Means Faster Lien Resolutions | 11/14/2022 | ||
By: John P. Kamin | |||
State: CA | Segment: Top | 0 | |||
The transition of the modern-day lien conference into electronic hearings has transformed the lien conference from an all-day event with lots of wasted time into a more streamlined hearing that can be incredibly efficient for all parties involved. ...Read More | |||
Kwong and Mendoza: Steps to Prevent and Combat Poorly Written Med-Legal Reports | 08/26/2022 | ||
By: Joanna Kwong and Jesse Mendoza | |||
State: CA | Segment: Top | 1 | |||
The Workers' Compensation Appeals Board must ground its decisions in substantial evidence. We practitioners must review medical-legal reports and any doctor’s depositions to ensure the medical record, when read as a whole, constitutes substantial evidence. ...Read More | |||