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Category: Flash Bulletins

Trial Practice In The Time of COVID-19: WCAB Addresses Objections to Virtual Witness Testimony

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 […]

Office of Administrative Law Approves Cal/OSHA COVID-19 Emergency Temporary Regulations

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 […]


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.


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.

Mitigating Civil Liability for California COVID-19 Work Exposures

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 […]

Not to be Overlooked: Understanding AB 685 and Preparing for an Invisible Risk

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 […]

Governor Newsom Poised to Sign SB 1159: A Primer on Continuation and Expansion of COVID-19 Presumptive Injuries

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 […]

Working From Home: Firing Up Litigation?

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 […]

Discovery and Trial Practice in Era of COVID-19: A Guide for Navigating Recent Executive Orders And Their Impacts on Witness Testimony and Telemedicine

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 […]

Appellate Decision Limits Hikida; Allows Apportionment for Impairment Caused by Medical Treatment

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 […]