June 9, 2021 The Sixth District Court of Appeal recently issued its decision in the matter of Applied Materials v. WCAB. The decision was initially issued as unpublished and the California Workers’ Compensation Institute obtained an order of publication. The decision was certified for publication on June 1, 2021 and may now be cited as binding precedent in future cases. In its lengthy decision, the Court addressed multiple issues raised by the parties. The two issues most likely to have […]
News & Knowledge
Category: Flash Bulletins
California’s Revised Cal/OSHA COVID-19 Emergency Temporary Standards Send Mixed Signals to Employers
June 7, 2021 Following the lead of the National Institute of Health (NIH), Cal/OSHA has promulgated new and modified emergency temporary standards for employers in response to the COVID-19 crisis. On June 3, 2021, the Occupational Safety and Health Standards Board readopted Cal/OSHA’s COVID-19 prevention emergency temporary standards and adopted revised standards. The revised standards reflect the easing of employer restrictions. These updated standards are expected to go into effect on June 15, 2021 if approved by the Office of Administrative […]
March 24, 2021 In an effort to entice more doctors to become panel qualified medical examiners, write better reports, and reduce billing disputes over medical-legal examinations and reports, the DWC has proffered amendments to the Medical-Legal Fee Schedule. Although we are waiting for the final date of implementation, we anticipate these will become effective by April 1, 2021 and will apply to any examination occurring on or after this date (or any requests for supplemental reports sent on or after […]
March 11, 2021 Senate Bill 213 is still working its way through the California Legislature and, as such, is not yet in effect. Because health care workers have significantly increased exposure or susceptibility to particular work-related injuries or illnesses, Senate Bill 213 aims to protect them by providing easier access to the workers’ compensation system. Comparing Senate Bill 213 and Senate Bill 1159 Governor Newsom signed Senate Bill 1159 into law on 9/17/20 as an urgency statute, and it remains […]
January 25, 2021 As we continue to struggle through the COVID-19 pandemic, there may be light at the end of the tunnel, as California continues with its plan for distribution and administration of approved COVID-19 vaccines. As with all vaccines, there are valid concerns that administration of the shots may have unintended consequences, including allergic reactions. As a result, questions have arisen as to the compensability of sequelae from the shots given in connection with employment. The rule is well-settled […]
January 13, 2021 As we approach the one year anniversary of the COVID-19 pandemic and corresponding shut-downs, we continue to see some of the provisions set forth in the Governor’s Executive Orders gaining support and permanency via statute and case law decisions. The latest development came through the January 12, 2021 Significant Panel Decision of Limin Gao v. Chevron Corp. (ADJ10024232), which addressed Executive Order N-63-20 and objections to electronic testimony at trial. The Board agreed that the Workers’ Compensation […]
November 30, 2020 On 11/30/2020, the Office of Administrative Law (OAL) approved Cal/OSHA’s proposed temporary emergency regulations regarding COVID-19 prevention and outbreaks. These regulations are effective immediately and are located in the new Title 8 sections 3205 (COVID-19 Prevention), 3205.1 (Multiple COVID-19 Infections and Outbreaks), 3205.2 (Major COVID-19 Outbreaks) 3205.3 (COVID-19 Prevention in Employer-Provided Housing) and 3205.4 (COVID-19 Prevention in Employer-Provided Transportation to and from Work) of the California Code of Regulations. The Occupational Safety and Health Standards Board will […]
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 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 […]