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Total Articles: 9

Governor Jerry Brown's Actions on Pending Workers' Compensation Legislation

Our friends at the California Chamber of Commerce prepared a nice summary of what became of the proposed workers' compensation bills this year: Your can find the roundup here.

New Worker Compensation Postings and Handouts Required in California

On September 23, 2010, the California Department of Workers' Compensation (DWC) mandated that all employers post an updated information poster and distribute pamphlets regarding workers' compensation to all employees who start work on or after October 8, 2010. In addition, all employers that have Medical Provider Networks (MPN), and those that are planning to change their MPN status, are required to post and distribute an additional MPN notice.

California Restaurants Learn: Workers' Compensation Insurance Is Essential.

Workers' compensation coverage is a substantial expense for many smaller restaurants, but essential (and required) for all employers. The workers' compensation system is a no-fault system that provides medical coverage, disability payments or compensation for employees injured or killed on the job. In exchange for this no-fault coverage, employees are generally not permitted to sue their employers for the tort of negligence in civil courts. Awards for disabling industrial injuries and death are typically significantly lower than what employees could recover if they were allowed to file a civil lawsuit.

Court Upholds Employer’s Right To Limit Workers’ Comp Chiropractor Visits.

Labor Code section 4604.5, subdivision (d) was enacted in 2003, and provided that, unless approved by an injured employee’s employer, benefits for chiropractic treatments and physical therapy sessions were limited to no more than 24 visits per industrial injury.

DIR Launches Enforcement Program to Target Employers Who Fail to Carry Workers' Compensation Insurance.

On May 15, 2008 the California Department of Industrial Relations (DIR) launched the Insurance Coverage Program, an enforcement program designed to identify and target employers who fail to carry workers' compensation insurance.

The Evolution of California Labor Code Section 132A.

The California Constitution mandates a form of workers’ compensation outside of the common law remedies available in civil lawsuits. The Legislature has implemented this public policy so the workers’ compensation system is the preferred means to remedy employees’ work-related injuries.

The Evolution of California Labor Code Section 132A.

The California Constitution mandates a form of workers’ compensation outside of the common law remedies available in civil lawsuits. The Legislature has implemented this public policy so the workers’ compensation system is the preferred means to remedy employees’ work-related injuries.

State Job Bias Claim Barred by Workers Comp Release.

The California Supreme Court has ruled that a general release settling a workers compensation case will bar a later filed discrimination claim based on the same facts, unless the job bias claim is expressly excluded. Jefferson v. California Department of Youth Authority

No Workers' Compensation Benefits For Psychiatric Injuries Caused By Gossip.

A California appellate court held an employee suffered no compensable injury under workers compensation law because workplace gossip about the employee's extramarital affair with a coworker concerned "a personal matter" unrelated to employment.
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