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Industry Insights


Castillo: A New Year's Resolution 01/05/2021
By: Michael Castillo
State: CA | Segment: Top | 0
While the state Legislature continues to address the COVID-19 pandemic, we’re hoping to carve out space to tackle a long-standing problem plaguing injured workers: reducing delays in medical treatment. ...Read More
Young: The Top 10 California Workers' Comp Developments of 2020 01/04/2021
By: Julius Young
State: CA | Segment: Top | 0
It’s time to take stock of what transpired in the California workers’ comp world in 2020. ...Read More

Grinberg: WCAB Upholds Finding of No Employment in Residential Case 12/30/2020
By: Gregory Grinberg
State: CA | Segment: Top | 0
I bring you today the case of Garcia v. Sweet Melody Express, in which the Workers' Compensation Appeals Panel affirmed a trial judge’s finding that applicant Garcia was not an employee of defendant. ...Read More

Switzer: Looking Back on 2020 12/29/2020
By: Kenneth M. Switzer
State: TN | Segment: Top | 0
Winter is here and just a few days remain in the year. Much has been said about 2020, and understandably the theme overall has ranged from disappointment to sorrow. It’s been a year for reflection and re-evaluating priorities. As a court, we strived to stay positive and focused on our ...Read More

Duff: Will New FLSA Employee Test Change Anything? 12/28/2020
By: Michael C. Duff
State: NA | Segment: Top | 0
The Bloomberg Daily Labor Report recently said “the U.S. Labor Department sent to the White House for review a high-profile final rule to ease employers’ use of independent contractors, continuing the Trump administration’s deregulatory push in the final weeks before the preside...Read More

Holden: Collateral Estoppel Does Not Violate Right to Trial by Jury 12/23/2020
By: Joshua G. Holden
State: AL | Segment: Top | 0
On Dec. 11, the Alabama Supreme Court rendered a decision finding that collateral estoppel does not violate the constitutional right to a trial by jury. This finding was based on a review of a motion for summary judgment order granted in favor of the employer by the Circuit Court of Shelby C...Read More

Grinberg: Split WCAB Addresses Good-Faith Personnel Action Defense 12/22/2020
By: Gregory Grinberg
State: CA | Segment: Top | 0
Not unlike Soviet Santa, who brings freezing children lumps of coal to great Soviet cheers, I bring you a panel decision reversing a “take nothing” of a psyche claim.  ...Read More

Duff: COVID Vaccine Injuries May Be Covered by Federal Program 12/21/2020
By: Michael C. Duff
State: CA | Segment: Top | 0
I fear that very soon we may be facing vaccine injuries in connection with the dispensing of essentially experimental COVID vaccines. I certainly hope it does not happen, but experience is a cruel teacher. ...Read More

Young: A Hearing on the Proposed QME Fee Schedule 12/18/2020
By: Julius Young
State: CA | Segment: Top | 0
The California Division of Workers' Compensation held a hearing Monday to allow public comment on proposed revisions to the qualified medical evaluator fee schedule. ...Read More

Duff: Will COVID Federal Civil Immunity Pre-Empt Cal/OSHA Rules? 12/17/2020
By: Michael C. Duff
State: CA | Segment: Top | 0
UPDATE: Some folks are telling me that liability immunity is being pulled from the table. I hope that is true, but let's just say I'm not taking this post down and won't be holding my breath, either. ...Read More
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