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Young: Top 10 2021 California Workers' Comp Developments

01/03/2022
up in the Newsom recall fight and there is no indication that Newsom focuses on the comp system. In a year of COVID the “Great Resignation” inflation racial reckoning and political division California workers’ comp was pretty quiet. But stuff always happens… The

Category: Industry Insights

Salazar Jose

12/01/2023
of Covid-19 while employed as a pharmacy assistant by defendant on March 22 2020; 2 per the stipulation of the parties the Utilization Review UR determination issued on May 12 2023 was untimely; 3 the reports Dr. Merman submitted regarding the provision of home health care to assist

Category: Panel

Rivera Flores Hever

03/01/2024
applicants AWE the WCJs Opinion on Decision explained his analysis as follows It is inarguable that Applicants earnings in the year prior to his August 28 2021 injury were depressed as a result of Covid and its impact on the economy and the employers business and not due to Applicants

Category: Panel

Polk, Shirley Angela

01/01/2021
fair hearing under both the California and United States Constitutions. Rucker v. Workers' Comp. Appeals Bd. 2000 82 Cal.App.4th 151 157158 65 Cal.Comp.Cases 805. As stated by the California Supreme Court in Carstens v. Pillsbury 1916 172 Cal. 572 577 the commission . . . must find

Category: Panel

Young: The 2024 Golden State Workers' Comp Quiz

01/16/2024
be a Determined to be exempt from AB 5 after the California Supreme Court in Castellanos v. State of California rejects an attack on the constitutionality of Proposition 22. b Determined to be employees under AB 5 as the California Supreme Court rules in 

Category: Industry Insights

Committee Passes Bill Allowing Newspapers to Continue Classifying Carriers as Contractors

08/12/2020
enacted Assembly Bill 5 which codified a state Supreme Court decision and required the use of the ABC test to determine who is a worker and who is a contractor. Under the new law workers are presumed to be employees unless the employer proves they are free from control and direction perform work

Category: News

Young: Prop. 22 and Workers' Comp

10/22/2020
Doordash and other gig platform companies have unleashed a tsunami of spending in an effort to buy themselves exemption from Assembly Bill 5 which along with the  California Supreme Court decision known as Dynamex adopted new criteria for determining who is an employee or independent

Category: Industry Insights

Bush, Gary

12/01/2020
and United States Constitutions. Rucker v. Workers Comp. Appeals Bd. 2000 82 Cal.App.4th 151 157-158 65 Cal.Comp.Cases 805. A fair hearing is . . . one of the rudiments of fair play assured to every litigant . . . Id. at p. 158. As stated by the California Supreme Court in

Category: Panel

Brazil, Jeremiah

12/01/2021
having venue. Cal. Code Regs. tit. 8 former 10840a now 10940a eff. Jan. 1 2020. The Division of Workers Compensation DWC closed its district offices for filing as of March 17 2020 in response to the spread of the novel coronavirus COVID-19. 1 In light of the district offices

Category: Panel

Oseguera Jesus

04/01/2022
him to speak to the superintendent Tony who advised applicant to go see a doctor. 10062021 MOH page 3 lines 13-17. Applicant states that he refused treatment because of his fear of Covid. 10062021 MOH page 3 lines 13-19. Applicant states that he filled out a report the following day with

Category: Panel

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