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Category: Newsletters

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 […]

2020 Regulations Update

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, […]

Permanent Disability Strategies Take Center Stage at 2020 Palm Springs CAAA Convention

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 […]

LFLM Workers’ Compensation Newsletter – April 2020

LFLM is proud to share our new LFLM April 2020 Workers’ Compensation Newsletter Articles featured in this edition of the Newsletter are:   Permanent Disability Strategies Take Center Stage at 2020 Palm Springs CAAA Convention Co-Written by:  Emma Nelson-Munson, Esq., of our LFLM-Oakland Office  Joanna Stevenson, Esq., of our LFLM-Oakland Office     2020 Regulations Update Written by: Michele J. Morgan, Esq., of our LFLM-Sacramento Office    Laughlin, Falbo, Levy & Moresi, LLP. www.lflm.com

LFLM Workers’ Compensation Newsletter – January 2020

LFLM is proud to share our new LFLM January 2020 Workers’ Compensation Newsletter Articles featured in this edition of the Newsletter are:   Trend Alert: Fitzpatrick May Signify the Elimination of Diminished Future Earning Capacity as an Indicator of Permanent Impairment Written by Nelly Sang, Esq., of our LFLM-Sacramento Office     A Stipulation for Home Housekeeping Services is not “Forever” Written by Vicki Rubin-Howton, Esq., of our LFLM-Anaheim Office   Laughlin, Falbo, Levy & Moresi, LLP. www.lflm.com

LFLM Workers’ Compensation Newsletter – November 2019

LFLM is proud to share our new LFLM November 2019 Workers’ Compensation Newsletter Articles featured in this edition of the Newsletter are: Proving Labor Code Section 132a Violations Written by Sonya Arellano, Esq., of our LFLM-San Jose Office   Subrogation at a Glance Written by Loren N. Meador, Esq., of our LFLM-Los Angeles Office Laughlin, Falbo, Levy & Moresi, LLP. www.lflm.com

LFLM Workers’ Compensation Newsletter – August 2019

LFLM is proud to share our new LFLM August 2019 Workers’ Compensation Newsletter. Articles featured in this edition of the Newsletter are: Chronic Traumatic Encephalopathy and the Workers’ Compensation System Written by Ashley R. Nijinksi, Esq., of our LFLM-Anaheim Office   Vouchers and the Un-Written Burden for Defendants Written by: Donald E. Applegate, Esq., of our LFLM-San Francisco Office Laughlin, Falbo, Levy & Moresi, LLP. www.lflm.com

LFLM Workers’ Compensation Newsletter – April 2019

LFLM is proud to share our new LFLM April 2019 Workers’ Compensation Newsletter. Articles featured in this edition of the Newsletter are: An Examination of the Dynamex Case: How Dynamex Changes the Standard for Employee vs. Independent Contractor Written by: Craig M. Lepore, Esq., of our LFLM-San Diego Office   Revisiting Cumulative Traumas and Western Growers Co-Written by:   John S. Orman, Esq., of our LFLM-Fresno Office Emilee R. Brown, Esq., of our  LFLM-Fresno Office   Laughlin, Falbo, Levy & Moresi, LLP. […]