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 […]
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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. […]
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 […]
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
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
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 […]