September 30, 2020 As we enter the tenth month of this pandemic, it is becoming increasingly clear that life must, and will, return to some degree of post-pandemic ‘normalcy’ in order to ensure our economic survival. At the same time, managing and mitigating the risks associated with COVID-19 become increasingly critical to avoiding a second wave, and ensuring the viability of economic reopening.  This will likely be true even if a ‘silver-bullet’ vaccine becomes widely available. Therefore, it is vital […]

September 22, 2020 On September 17, 2020, Governor Newsom signed AB 685 into law, further expanding and solidifying legislation created in response to the COVID-19 pandemic.  The law will become effective as of January 1, 2021. We have provided a breakdown of the law and recommendations for how our clients can best handle and prepare for the changes to Cal/OSHA regulations and procedures. AB 685 expands both reporting and notification requirements for employers, and increases Cal/OSHA’s authority to issue Stop […]

September 17, 2020 As anticipated in our previous Flash Bulletin, Governor Newsom has signed SB 1159 into law, continuing and expanding upon the presumptions put into place in the previous executive order regarding industrial causation of COVID-19 claims. The law is effective immediately as of September 17, 2020. Over the coming days, we will be providing our immediate thoughts on the impact of the new bill, commenting on any changes made to the bill between when it was sent to […]

September 2, 2020 Ever since Governor Newsom’s May 7th Executive Order N-63-20 established a new paradigm for claims handling in the era of COVID-19, the workers’ compensation world has waited with bated breath for the inevitable legislation which the order promised would be soon to follow. As different versions of the bill that would ultimately become SB-1159 worked its way through the chambers of the California Legislature, there has been much speculation—and trepidation—about what the final text of the bill […]

LFLM is proud to share our new LFLM July 2020 Workers’ Compensation Newsletter Articles featured in this edition of the Newsletter are: Appellate Decision Limits Hikida; Allows Apportionment for Impairment Caused by Medical Treatment Written By:  Abram M. Watts, Esq. of our LFLM-San Jose Office     Discovery and Trial Practice in Era of COVID-19: A Guide for Navigating Recent Executive Orders And Their Impacts on Witness Testimony and Telemedicine Written By: Kristin L. Bergesen, Esq. of our LFLM-Sacramento Office     Working […]

July 21, 2020 In the last several years, there has been an increase in the number of employers who offer a remote work environment (i.e., work from home). In fact, the numbers of employees working from home have increased by 140% since 2005, with as many as 4.3 million people in the United States working from home at least half the time. SmallBizGenius, 2019.  The benefits of working from home can range from increased happiness and productivity of employees, to […]

July 21, 2020 Californians entered unchartered territory as the world encountered the global spread of COVID-19 in March 2020. Government officials, business owners, and individuals scrambled to implement regulations and develop new ways to conduct business and provide essential services, while still complying with safety and social distancing measures. In the workers’ compensation arena, we have seen changes to Board policies, discovery procedures, medical evaluations and treatment, and expansion of presumptions pertaining to employees infected with COVID-19. As we continue […]

July 21, 2020 In a recent case which is helpful to the defense bar, County of Santa Clara v. WCAB (Justice), the 6th District Court of Appeal limited the scope of the findings in the 2nd District Court’s previous holding in Hikida v. WCAB (2017) 12 Cal. App. 5th 1249. Justice clarified that apportionment to preexisting or non-industrial condi­tions can still apply to industrial disability where the treatment itself is the source of the disability. To review, Hikida created shockwaves […]

As the tide seems to shift on a daily basis with regard to the COVID-19 crisis, I want to assure you that we at Laughlin, Falbo, Levy & Moresi LLP are doing everything possible to care for our attorneys, employees, and the community at large. These are difficult times indeed. I want you to also know, however, that our commitment to protect the interests of our clients will never waiver, regardless of the difficulties we all face. LFLM is completely […]

May 6, 2020 Although strongly contested by the California Chamber of Commerce, on May 6, 2020, Governor Gavin Newsom issued Executive Order N-62-20 creating a rebuttable presumption of occupational exposure for workers diagnosed with COVID-19. The Executive Order mandates provision of workers compensation benefits under a certain set of criteria and applies to claims retroactive to March 19, 2020. It is effective for the next 60 days (through July 5, 2020). To qualify, the injured worker must meet a four […]