June 1, 2022 Ever since utilization review (UR) became a mandatory requirement for all medical treatment requests, there have been numerous attempts to challenge not only individual UR determinations and the timeframes in which they have to be made, but the entire UR framework itself. Usually, these challenges came in the context of UR denials; however, very few if any cases have explored the idea of utilization review deferral. Deferral of utilization review pursuant to Labor Code §4610(l) and California […]
News & Knowledge
Category: Articles
December 6, 2021 The 2021 Summer CAAA Convention took place virtually, and while we always anticipate permanent disability will be a hot topic, this year’s Convention “zoomed” straight to strategies on achieving higher permanent disability awards. The Convention focused on using vocational evidence to achieve a 100% award. This unsurprisingly coincides with the seeming reemergence of applicant attorneys using vocational evidence to significantly increase permanent disability that we are already seeing in 2021. Several foundational cases have laid the groundwork […]
March 15, 2021 After 12 months of executive orders and emergency regulations aimed at tackling the challenges created by COVID-19 in the workplace, it is clear the California Legislature has prioritized safety and reporting in order to help curb the pandemic. Specifically, the Legislature passed a suite of laws enforcing newer and more strict reporting standards regarding COVID-19 for employers statewide. Assembly Bill (AB) 685 took effect January 1, 2021 and imposes new notice and reporting requirements on employers when […]
February 16, 2021 California employers are subject to important safety standards intended to help avoid employee exposures to COVID-19. Cases of actual or alleged exposure may implicate employers’ workers’ compensation coverage, with one Court now reaffirming that an employer’s knowing or intentional violation of those standards can trigger serious civil exposure as well. On January 6, 2021, the San Diego Federal District Court issued an opinion in Arnold v. Corecivic of Tennessee LLC (Case No.: 20-CV-00809 W; 2021 U.S. Dist. […]
November 17, 2020 Laughlin, Falbo, Levy & Moresi, LLP. are pleased to provide you with our interactive COVID-19 Claim Flowchart. We hope you will find it helpful in determining whether your claims fall under the presumptions set forth in Senate Bill 1159. Please do not hesitate to reach out to us with any questions. Click here to download the Interactive LFLM COVID-19 Chart Laughlin, Falbo, Levy & Moresi, LLP. www.lflm.com
October 8, 2020 We are pleased to provide you with our LFLM COVID-19 Flowchart. We hope you will find it helpful in determining whether your claims fall under the presumptions set forth in Senate Bill 1159. Please do not hesitate to reach out to us with any questions. Laughlin, Falbo, Levy & Moresi, LLP. www.lflm.com
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 […]
April 21, 2020 It seems every time we celebrate a New Year we are presented with changes in the California’s Workers’ Compensation system. 2020 was no exception, as revisions of California Code of Regulations, Title 8 became effective January 1, 2020. These changes affect sections 10300 to 10999. This regulatory update marks the largest change and reorganization of the rules since they were adopted. The purpose of reworking the organizational structure of the rules, which were originally adopted in 1966, […]