Law Offices of Noel Hibbard

11/24/2021

09/21/2021

CAN MY EMPLOYER FIRE ME IF I FILE A WORKER COMP CLAIM?

The law protects injured workers from being retaliated against for filing a workers' compensation claim or seeking benefits.

Specifically, Labor Code Section 132 protects an injured worker when:

1. The employee files or has made known their intent to file a workers' compensation claim before or at the time of the discrimination;

2. The employer fired, threatened to fire, or discriminated against the employee because of the injury or claim;

3. The Employer's act signed out the employee as a direct consequence of the work-related injury or claim.

Under such circumstances, there is a 50% increase in compensation, up to $10,000 in penalties.

In addition, the employer may be civilly liable under Fair Employment and Housing statutes for disability discrimination.

09/10/2021

FIRST RESPONDERS ARE ENTITLED TO A PRESUMPTION THAT THEY CONTRACTED COVID -19 ON THE JOB.

SB1159 creates a rebuttable presumption.

This means that even when an employee is presumed to have become ill from COVID-19 at work, an employer may dispute that conclusion. In such a case, however, the employer bears the burden of proving that the injury or illness did not occur at work.

First Responders and Health Care Workers, including active firefighting members of specified fire departments or units; certain peace officers; fire and rescue services coordinators who work for the Office of Emergency Services; employees who provide direct patient care or custodial employees in contact with COVID-19 patients who work for designated health facilities; paramedics and emergency medical technicians; employees providing direct patient care for a home health agency; providers of in-home supportive services; and other employees of designated health facilities.

Employees whose employers have five or more employees, and who test positive for COVID-19 during an outbreak at their specific workplace.

An outbreak exists if within 14 days one of the following occurs at a specific place of employment: (1) four employees test positive if the employer has 100 employees or fewer; (2) four percent (4%) of the number of employees who reported to the specific place of employment test positive if the employer has more than 100 employees; or (3) a specific place of employment is ordered to close by a local public health department, the State Department of Public Health, the Division of Occupational Safety and Health, or a school superintendent due to a risk of infection of COVID-19.

09/03/2021

IS MY OFFER OF MODIFIED WORK VALID?

If you were injured in 2013 or after and your employer offers modified work, it must meet certain requirements.
The offer must:

1. Meet the work restrictions in the doctor's report;
2. Last at least 12 months
3. Be within a reasonable commuting distance of where you lived at the time of the injury;
4. Any modified work must pay at least 85 percent of the wages and benefits that you were paid at the time of the injury.

If the offer of modified work does not meet these requirements, it is not a valid offer of modified work. If it does meet these requirements, then you have 30 days to accept the offer. Failure to do so can affect Temporary disability and vocational re-training benefits.

08/17/2021

When does my temporary disability end?

Temporary disability payments are a wage replacement benefit. In addition to Temporary disability, you may be entitled to a permanent disability award at the end of your case. Temporary disability payments will stop when:

1. The doctor declares that you have reached maximum medical improvement (MMI), or;

2. You have reached the 104 week cap of Temporary disability payments. Under certain circumstances this may be extended.

For most applicants, TTD stops because the doctor has declared you reached MMI status.

TIP: State Disability payments through EDD may be available to you if your temporary disability has stopped. Each case is unique and should be discussed with your attorney.

07/24/2021

Automobile v. Bicyclist-The law on opening your car door!

"Dooring" is a term used to describe a situation when a driver suddenly opens up a car door directly in front of a bicyclist. It is a common accident among bicycle riders. It is so common, that it developed its own term, hence, "dooring."

Vehicle Code Section 22517 states: No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."

These types of cases often cause catastrophic injuries. Insurance companies will routinely argue comparative negligence, i.e., the bicyclist was also at fault for various reasons. For example, the insurance company might argue that the bicyclist was riding too fast for conditions, or not wearing a helmet.

Although these cases might seem straightforward at first, you should have an attorney to help you with these cases.

TIP: Make sure to request a police report. Document the accident scene by taking photographs if possible. Take photographs of the property damage including any debris on the ground. Do NOT speak with the other party's insurance carrier.

07/13/2021

HOW LONG DOES THE INSURANCE HAVE TO ACCEPT OR DENY YOUR WORK INJURY?

Often, the insurance company will not accept your injury right away. You might get a letter that your claim is being delayed. Under current California law, the insurance company has 90 days from receipt of the DWC-1 form to accept or deny your claim. The insurance company MUST provide up to 10,000 in medical treatment pending their decision.

Currently, Senate Bill 335 is being proposed which would shorten the investigative period in which to accept or deny the case from 90 days to 45 days. Further, the bill would require $17,000 in medical treatment pending the decision to accept or deny the claim.

So what to do if your claim is denied? We have to litigate the claim. That is another reason why you need an attorney to handle your case.

TIP: Make sure that the DWC-1 form is submitted to your employer. This starts the clock.

04/16/2021

A new law, AB1465, is being proposed that would change the way injured workers receive medical treatment and control an employers right to choose doctors.

Currently, injured workers can ONLY treat within the Medical Provider Network (MPN) that is approved by the employer. The Network is often limited in terms of doctors and specialists. Treatment outside of the network will generally not be covered through workers' compensation. In other words, the employee would be liable for medical costs.

This proposed law would allow the State of California to select the doctors in the network called a CAMPN, which would apply to all employers within the state.

This may be helpful to injured workers (assuming there are more doctors with a more diverse field of specialists), but it also certainly points to more direct control by the state over private employers.