Law Offices of Lusk & Gong, Inc.

10/25/2022

From time to time a new name comes into the workers' comp community and causes headaches for applicant and defense attorneys. Jon Woods was one of those who went from unknown to big player. Not anymore. Sentenced to four years in prison and ordered to pay $700,000 in restitution to 17 insurance companies for his part in two fraud schemes. Also part of the schemes were chiropractors and referral people. I can't imagine going to sleep every night worried that the federal or state government, or a district attorney somewhere will find out. When my head hits my pillow, I'm going to sleep. We'll just take care of our clients the old-fashioned way, thank you very much.

10/03/2022

I never liked the phrase, "the new normal" but it appears telehealth med/legal evaluations are just that. The emergency regulation goes into effect this week and only lasts 90 days. But they're already working on making it permanent. If you're really looking to be put to sleep, you can read the regulations here - https://www.dir.ca.gov/dwc/DWCPropRegs/2021/QME-Regulations/Index.htm

09/28/2022

I'm willing to admit this is me, every time Frank N Virginia Flores tells me an upcoming deposition/hearing/meeting is canceled or rescheduled.

07/13/2022

The California workers’ compensation system is set up to provide benefits for an injured worker in the event they are injured on the job and cannot work. Sure, there are flaws in the system. However, sometimes a person will file a workers' compensation claim when they may not be legitimately injured, or not be entitled to benefits. An actress from the TV series Yellowstone was charged with felony insurance fraud in the Los Angeles Superior Court. She is being accused of collecting temporary disability due to a neck and shoulder injury, while she was allegedly working on Yellowstone at the same time. Of course the actress is innocent until proven guilty. The basic premise from the California workers’ compensation system is that temporary disability should only be collected if an injured is not able to work. This is one example of why workers’ compensation insurance companies get skeptical sometimes when claims are filed. This in turn hurts legitimately injured workers who are subjected to delays. If you have any questions about temporary disability, the Law Offices of Lusk and Gong Inc. are here.

Q'orianka Kilcher allegedly claimed she had been unable to work due to injury while she filmed Yellowstone, the California Department of Insurance said

07/07/2022

It looks like telehealth qualified medical exams (QME's) are here a while longer. Not surprising really.

06/14/2022

Gas reimbursement is going up effective 7/1/22. I don't recall ever seeing a mid-year cost increase, but gas is going up so high and so fast, that they've done it now. Any medical mileage will now be reimbursed at $0.625 per mile for mileage post 7/1/22.

06/08/2022

Luckily the heat advisory and the Cal/OSHA requirements as to preventing heat illness only apply to outdoor workers. I was afraid Spencer and I would have to turn on the A/C in the office.

06/02/2022

06/01/2022

The Depp/Heard verdict came down, and I'm sure people want an attorney's analysis. Here it is - I don't care.

05/31/2022

Are bumblebees fish? According to the California Court of Appeals, Third District, yes. Bees are fish for purposes of the Endangered Species Act. I often think workers' comp law makes no sense, and that's because it doesn't. But bees are fish? The Court noted, "Although the term fish is colloquially and commonly understood to refer to aquatic species, the term of art employed by the Legislature in the definition of fish in section 45 is not so limited. " The case was just published today - Almond Alliance v. Fish & Game C093542. I hope none of you get stung by a "fish" in your yard today.

05/30/2022

Our office is closed today for Memorial Day. We'll see you Tuesday morning.

05/03/2022

Interesting case may be going to the Supreme Court in California. It's not directly workers' comp, but related. An injured worker caught Covid at work, then his wife caught it from him, and they sued the employer for negligence. The question is whether the employer is liable to the spouse, and whether the employer has any duty to the spouse or family members of employees. It could have far-reaching implications. Kuciemba v. Victory Woodworks