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
News & Knowledge
Category: Articles
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, […]
April 21, 2020 The 2020 CAAA Convention took place in Palm Springs, and while we are used to seeing the applicants’ bar come up with creative approaches to increase permanent disability, given that permanent disability can be a primary cost-driver for a claim’s value, it is not surprising that strategies focused on increasing PD were once again a hot topic. One novel idea was focused on a broad reading from the AMA Guides 5th Edition. In giving general examples of […]
September 27, 2018 On September 25, 2018, in a case certified for publication, the Third District Court of Appeal in Dept. of Corrections and Rehabilitation & SCIF v. WCAB (Fitzpatrick) found no basis for concluding that Labor Code §4662(b) provides a second independent path to permanent total disability “in accordance with the fact.” This is a solid statutory win for defendants. In this new case, the Court took on the WCAB’s liberal interpretation of §4662(b) and the phrase “in accordance […]
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