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Archive by tag: Haight Brown & Bonesteel LLPReturn

AB 203: How Global Climate Change and Valley Fever Impact Workers’ Compensation

According to a recent University of California Irvine study, scientists predict that with increasing temperatures and shifting precipitation patterns associated with client change, the incidence of human coccidioidomycosis (valley fever) will double...By: Haight Brown & Bonesteel LLP
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WCAB Declares Intent to Invalidate Administrative Director’s Jurisdiction to Adjudicate SJDV

On January 13, 2020, the Workers’ Compensation Appeals Board (WCAB or Board) issued an en banc affirmation of its July 31, 2018 Opinion and Decision After Reconsideration and gave the California Administrative Director of the Division of Workers’...By: Haight Brown & Bonesteel LLP
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Use of Unregistered Acronym on Paychecks Violates Labor Code Section 226

The California Legislature has enacted strict requirements regulating the content that appears on employee wage statements. Labor Code section 226 sets forth the requirements in an extensive list, such as the requirements that the wage statement show...By: Haight Brown & Bonesteel LLP
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Bill Collections Fail With Neglect Of WCAB Administrative Directions

In Meadowbrook Insurance Co. v. Workers’ Compensation Appeals Board (WCAB) (DFS Interpreting), No. C088882, November 21, 2019, the Court of Appeal for the 3rd District of California held that an interpreter company’s failure to comply with statutory...By: Haight Brown & Bonesteel LLP
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Appeals Board Clarifies Medical-Legal Lien Burden of Proof

The Workers’ Compensation Appeals Board (WCAB) issued a unanimous en banc decision on November 14, 2019 clarifying what the initial burden of proof is for a medical-legal lien claimant and what are defendant’s obligations in review of medical-legal...By: Haight Brown & Bonesteel LLP
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Further Clarification of the Employment Relationship for Temporary and Loaned Employees

In the context of employment litigation, determining whether an employer-employee relationship actually exists between the plaintiff and defendant employer is a common and critical issue. The question becomes more complex when the circumstances...By: Haight Brown & Bonesteel LLP
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CIGA Frustrated By Special Employee Contract Terms

In Travelers Property Casualty Co. of America v. WCAB (CIGA) (Filed 9/18/19; Certified for Publication 10/2/19), the Court of Appeal for the 2nd District of California determined that in a workers’ compensation policy the absence of an employer’s...By: Haight Brown & Bonesteel LLP
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Lost Time For Treatment May Not Be Compensable

The Court of Appeal has ruled that the grand bargain underpinning the workers’ compensation system does not envision paying indemnity for medical appointments taking place without temporary disability. Renee Skelton v. Workers’ Compensation Appeals...By: Haight Brown & Bonesteel LLP
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Court of Appeal Rules Employers Not Required to Reimburse for Non-Uniform Clothing

It is well-known among employers that employees must be reimbursed for necessary expenditures and losses they incur in the discharge of their duties. (See Labor Code § 2802.) California Labor Code sections 6401 and 6403 go even further by requiring...By: Haight Brown & Bonesteel LLP
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Insurer Not Required to Pay Twice When Contractor Cashes Jointly Payable Check Under Authority Granted in Construction Contract

In Jozefowicz v. Allstate Ins. Co. (No. G055643, filed 5/28/19), a California appeals court held that Allstate was not required to pay the insured where his contractor negotiated a jointly payable check under a lost or stolen check provision of the...By: Haight Brown & Bonesteel LLP
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