June 13, 2024 It is well-established that the purpose of the workers’ compensation system is to provide benefits to employees who suffer on-the-job injuries or certain work-related illnesses. To adhere to the purpose of the workers’ compensation system, California Code of Regulations §10109(a) requires a claims administrator to “conduct a reasonable and timely investigation upon receiving notice or knowledge of an injury or claim for a workers’ compensation benefit.” This has been interpreted by courts as a “duty to investigate.” […]
News & Knowledge
Category: Newsletters
February 14, 2024 For more than three years, virtually everyone in the California workers’ compensation community had become familiar with the Covid-19 presumptions. Labor Code sections 3212.86, 3212.87, and 3212.88 were passed as emergency legislation in response to the unprecedented pandemic that changed life as we knew it, beginning in the Spring of 2020. Understandably, the legislature sought to protect those who were still working on site and were unfortunate enough to contract Covid-19. All three Labor Code sections provided […]
February 14, 2024 There continues to be a steady increase in subpoenas seeking claims files and human resources or personnel files from applicant’s counsel. Receiving and responding to subpoenas can be burdensome and costly, especially for long-term employees or voluminous claims files. Laughlin Falbo Levy & Moresi provides a streamlined process for subpoena response, to ensure only relevant, discoverable information is produced, as well as to protect privileged documents and information, which in turn, protects the interests of the carrier, […]
August 3, 2023 The California Court of Appeal for the Second District issued a writ of mandate on August 1, 2023, ending the WCAB’s longstanding procedure of granting Petitions for Reconsideration for Further Study. Unfortunately, however, do not expect the WCAB to start issuing final decisions at a blistering pace just yet. There has been a significant uptick in the number of “grant-for-study” orders in recent years, especially since the start of the pandemic in 2020. If you have petitioned […]
August 3, 2023 A carefully crafted advocacy letter will make an impactful first impression. Often, an advocacy letter is one of the first communications between an attorney or adjuster and the medical expert. Many advocacy letters submitted to medical experts are “form letters” lacking specific details and information from a medical standpoint. As a result, medical experts are left to submit reports that do not address specific details of the claim and pertinent medical information. This leads to delays, supplemental […]
August 3, 2023 The Workers’ Compensation Newsletter Volume 27, No. 2 | August 2023 LFLM is proud to share our new LFLM August 2023 Workers’ Compensation Newsletter Calendar Wheels! You asked and we listened. Laughlin, Falbo, Levy & Moresi LLP now has Date Forecasting Wheels available. If you would like to receive a wheel, please contact Diane Freeman ( dfreeman@lflm.com ). Our Articles in this edition of the Newsletter: Court of Appeal Nixes WCAB’s “Grant for Further Study” The California Court of […]
August 3, 2023 Twice a year, the California Applicants’ Attorneys Association has a conference to discuss everything from changes in Workers’ Compensation Law, to developing new strategies to increase recoveries for their clients. The 2023 Winter CAAA and Summer conferences were no exception; this year’s conferences covered a range of topics including expediting medical treatment, strategies to obtain QME panel lists in their preferred specialties, increasing permanent disability, and pursuing penalties. 1) Medical Discovery – Securing Authorization for Treating Physicians, […]
July 6, 2023 In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household member, even if that household member contracted COVID-19 because of the employer’s negligence, and that the household member’s negligence claim is not barred by the exclusive remedy doctrine. The Court held that while the workers’ compensation exclusive remedy doctrine does […]
February 24, 2023 LFLM is proud to share our new LFLM February 2023 Workers’ Compensation Newsletter Our Articles in this edition of the Newsletter: COVID-19 IN THE WORKPLACE: Updates on Legislation As COVID-19 continues to linger in California, it remains an ongoing concern for state lawmakers. In response to this ongoing threat, California continues to provide updated regulations as it pertains to COVID in the workplace. This article will cover the recent updates adopted by the State of California. Non-Emergency […]
February 15, 2023 On September 29, 2022, updates to the Labor Code went into effect when Governor Newsom signed SB 1127 into law. Two of these updates significantly expanded benefits for safety officers, one update imposed a potentially hefty penalty for unreasonably rejected claims, and the final update related to data collection. Expanded Temporary Disability for Cancer Claims The first provision of SB1127 is a significant expansion of temporary disability benefits for safety officers, namely firefighters, peace officers, and fire […]