Industry Insights
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Kamin: How to Get Apportionment From Older Awards | 06/01/2023 | |
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| 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 | |||
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Kamin: Grant for Study Decision Looms | 05/30/2023 | |
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| 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 | |||
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Knox: 2nd DCA Provides Minimal Relief in Decision on 'Grant-for-Study' Challenge | 05/10/2023 | |
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| 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 | |||
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Kamin: Employment Laws Leading to More Ex-Cons in the Workplace | 04/18/2023 | |
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| 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 | |||
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Kamin: COVID Sick Pay a Thing of the Past | 03/27/2023 | |
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| 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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Kamin: Lawmakers' Initial Bills Show Interest in PTSD Presumptions | 03/23/2023 | |
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| 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 | |||
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Kamin and Adil: Dependents and Dancing With the DWD | 12/21/2022 | |
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| 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 | |||
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Kamin: Could Employer-Mandated COVID Sick Pay Become a Thing of the Past in 2023? | 12/20/2022 | |
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| 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 | |||
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Kamin: High Court Appears Primed to Rule on 'Take-Home COVID' in 2023 | 12/09/2022 | |
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| 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 | |||
