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Category: Newsletters

COVID-19 Case Finds Traction in Federal Court

February 16, 2021 California employers are subject to important safety standards intended to help avoid employee exposures to COVID-19.  Cases of actual or alleged exposure may implicate employers’ workers’ compensation coverage, with one Court now reaffirming that an employer’s knowing or intentional violation of those standards can trigger serious civil exposure as well. On January 6, 2021, the San Diego Federal District Court issued an opinion in Arnold v. Corecivic of Tennessee LLC (Case No.: 20-CV-00809 W; 2021 U.S. Dist. […]

LFLM INTERACTIVE FLOWCHART FOR COVID-19 CLAIMS

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. www.lflm.com

LFLM FLOWCHART FOR COVID-19 CLAIMS

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

LFLM Workers’ Compensation Newsletter – July 2020

LFLM is proud to share our new LFLM July 2020 Workers’ Compensation Newsletter Articles featured in this edition of the Newsletter are: Appellate Decision Limits Hikida; Allows Apportionment for Impairment Caused by Medical Treatment Written By:  Abram M. Watts, Esq. of our LFLM-San Jose Office     Discovery and Trial Practice in Era of COVID-19: A Guide for Navigating Recent Executive Orders And Their Impacts on Witness Testimony and Telemedicine Written By: Kristin L. Bergesen, Esq. of our LFLM-Sacramento Office     Working […]

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