Workers' Comp Law

08/23/2021

I am delighted that my partner, Joshua Friedman, joins me in being recognized by Best Lawyers of America 2022.

08/28/2020

"Health care workers comprised nearly 40 percent of all COVID-19 claims, while public safety and other government workers, retail employees and manufacturing workers collectively made up another 30 percent of claims."

Health care workers make up nearly 40 percent of those seeking wage and medical benefits from the program.

08/24/2020

I am honored to once again being selected by my peers for this honor.

05/22/2020

It's heartening to read that 65% of the Workers' Comp claims submitted by the end of April were accepted. However, that leaves 35% of people who may have the need for an appeal. Regardless of which Workers' Comp attorney you go to, for an appeal, get an attorney. They are complicated and have strict deadlines. And these cases are taken on a contingency basis, so you don't have to put money up-front.

Of the 1,077 workers compensation COVID-19-related claims filed before April 30 in California, 35% were denied and of those 69.7% involved negative tests for the virus, according to a white paper released Thursday by the California Workers’ Compensation Institute.

04/18/2020

"Insurance Commissioner Ricardo Lara ordered insurance companies to return insurance premiums to consumers and businesses . . .The Commissioner's Bulletin covers premiums paid for at least the months of March and April — including the month of May if “shelter in place” restrictions continue — in at least six different insurance lines: private passenger automobile, commercial automobile, workers' compensation, commercial multi-peril, commercial liability, medical malpractice, and any other insurance line where the risk of loss has fallen substantially as a result of the COVID-19 pandemic."

State of California

04/14/2020

If you are an essential worker of a designated essential business that is insured by the California State Compensation Insurance Relief, both you and the operator of the business may be eligible for COVID-19 assistance. Two new $25 million relief funds to help defray COVID-19-related safety expenses for businesses and to provide wage replacement assistance for workers who contracted COVID-19 that is determined to be work-related. Monies also are available to cover medical costs for essential workers without health insurance.

The State Compensation Insurance Fund has established two new $25 million relief funds to help defray COVID-19-related safety expenses and provide wage replacement assistance for essential workers, the California insurer announced in a statement Monday.

04/02/2020

Many healthcare workers in hospitals who contract COVID-19 are finding their workers' comp claims are being denied. These hospitals are claiming that the worker's contraction of the virus is "from the community." If California legislators don't take action to protect these healthcare workers, workers' compensation attorneys are going to assist these heroes to ensure they receive the compensation they deserve.

Ramona Moll remembers grappling with an elderly dementia patient who showed all the signs of COVID-19: fever, difficulty breathing and a persistent cough. The patient had tried to bite her while the staff struggled to keep him from tearing off his mask and oxygen tubes, she said.

02/24/2020

"Within months, the U.S. Postal Service fired her, one of about 44,000 employees who were either fired or left their jobs under pressure over five years in a program that “targeted” employees with work-related injuries, according to the U.S. Equal Employment Opportunity Commission."

USPS forced out 44,000 workers who got injured on the job. The U.S. Equal Employment Opportunity Commission says the effort, part of a five year program, violated the law. But the Postal Service has fought its workers’ claims since 2007.

02/05/2020

By now most Californians have heard about AB5, the law that aims to protect workers who are misclassified as independent contractors rather than as employees. As an independent contractor, employers do not have to pay independent contractors overtime, benefits, and workers' compensation. By not being eligible for workers' compensation, if an employee is injured on the job, they have no resources unless they are able to take legal action against their employer for their damages. That was part of the impetus when putting AB5 together, but whether in reality it helps or hurts workers and/or employers is a hot topic.

AB 5 has employers up in arms — and going to court.

01/07/2020

The State Auditor found that the Division of Workers’ Compensation:
1. “Failed” to address the shortage of medical experts — there were 2,800 medical evaluators in 2017-2018 and 100,000 new requests for evaluations that same year.

2. “Inappropriately” disciplined doctors for alleged overbilling issues by not reappointing them, raising “due process concerns.”

3. Has not ensured that the evaluators’ reports meet quality standards as accurate and complete, and has not tracked how often judges reject those reports as a result."

The State Auditor found there are not enough physicians signed up with the state to serve as experts.

01/03/2020

It really isn't a good idea to lie on your workers' comp claim. This man, who hurt his hand in a bar fight but claimed he hurt it in a work-related accident, is now facing felony charges.

The Washington State Department of Labor & Industries will cover workplace injuries, but not if a worker gets in a bar fight and then sends a text to a friend along with a photo of his bandaged hand: “Now L&I will cover it.”