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Author: Laughlin, Falbo, Levy & Moresi
February 14, 2024 For more than three years, virtually everyone in the California workers’ compensation community had become familiar with the Covid-19 presumptions. Labor Code sections 3212.86, 3212.87, and 3212.88 were passed as emergency legislation in response to the unprecedented pandemic that changed life as we knew it, beginning in the Spring of 2020. Understandably, the legislature sought to protect those who were still working on site and were unfortunate enough to contract Covid-19. All three Labor Code sections provided […]
February 14, 2024 There continues to be a steady increase in subpoenas seeking claims files and human resources or personnel files from applicant’s counsel. Receiving and responding to subpoenas can be burdensome and costly, especially for long-term employees or voluminous claims files. Laughlin Falbo Levy & Moresi provides a streamlined process for subpoena response, to ensure only relevant, discoverable information is produced, as well as to protect privileged documents and information, which in turn, protects the interests of the carrier, […]
Welcome to LFLM LAW with L.A.W. – the podcast that deep dives into the intricacies of workers’ compensation. Our host is Lindsay Wagenman, a Partner in our San Francisco office. In this insightful episode, Jocelyn Hutch, an attorney in San Francisco, unveils her journey into the dynamic realm of workers’ compensation defense. She delves into the nitty-gritty of what it truly means to navigate this specialized field. She will take you behind the scenes, sharing firsthand experiences that go beyond […]
Welcome to LFLM LAW with L.A.W. – the podcast that dives into the intricacies of workers’ compensation cases. In today’s episode, Travis Sams, Partner, San Jose, will delve into the nitty-gritty of workers’ compensation settlements in California. Travis and Lindsay will unravel the differences between stipulations and compromise & releases, helping you make informed decisions. Whether you are a workers’ compensation professional or simply interested in understanding the complexities of these disputes, this podcast aims to provide valuable insights and […]
August 31, 2023 The WCAB offered clarity on the complex topic of “vocational apportionment” in an en banc decision issued on June 22, 2023: Grace Nunes v. State of California, Dept. of Motor Vehicles, legally uninsured; State Compensation Insurance Fund (ADJ8210063; ADJ8621818). In that decision, the WCAB held that “vocational evidence must address apportionment and may not substitute impermissible ‘vocational apportionment’ in place of otherwise valid medical apportionment.” In other words, the WCAB found that the concept of “vocational apportionment” […]
August 3, 2023 The California Court of Appeal for the Second District issued a writ of mandate on August 1, 2023, ending the WCAB’s longstanding procedure of granting Petitions for Reconsideration for Further Study. Unfortunately, however, do not expect the WCAB to start issuing final decisions at a blistering pace just yet. There has been a significant uptick in the number of “grant-for-study” orders in recent years, especially since the start of the pandemic in 2020. If you have petitioned […]
August 3, 2023 A carefully crafted advocacy letter will make an impactful first impression. Often, an advocacy letter is one of the first communications between an attorney or adjuster and the medical expert. Many advocacy letters submitted to medical experts are “form letters” lacking specific details and information from a medical standpoint. As a result, medical experts are left to submit reports that do not address specific details of the claim and pertinent medical information. This leads to delays, supplemental […]
August 3, 2023 The Workers’ Compensation Newsletter Volume 27, No. 2 | August 2023 LFLM is proud to share our new LFLM August 2023 Workers’ Compensation Newsletter Calendar Wheels! You asked and we listened. Laughlin, Falbo, Levy & Moresi LLP now has Date Forecasting Wheels available. If you would like to receive a wheel, please contact Diane Freeman ( dfreeman@lflm.com ). Our Articles in this edition of the Newsletter: Court of Appeal Nixes WCAB’s “Grant for Further Study” The California Court of […]
August 3, 2023 Twice a year, the California Applicants’ Attorneys Association has a conference to discuss everything from changes in Workers’ Compensation Law, to developing new strategies to increase recoveries for their clients. The 2023 Winter CAAA and Summer conferences were no exception; this year’s conferences covered a range of topics including expediting medical treatment, strategies to obtain QME panel lists in their preferred specialties, increasing permanent disability, and pursuing penalties. 1) Medical Discovery – Securing Authorization for Treating Physicians, […]