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 State Employment Law Articles
Report Link California Court Annuls Workers' Compensation Discrimination Award; Employee Not Treated Differently.Jackson Lewis LLP - December 02, 2009 The California Court of Appeal has annulled a Workers’ Compensation Appeals Board (“WCAB”) decision that found an employer liable under California labor law for discrimination against an industrially-injured employee based on the unclear return-to-work release provided by the employee’s physician. Gelson’s Markets v. Workers’ Compensation Appeal Bd., No. B209336 (Cal. Ct. App. Nov. 13, 2009). The Court held the WCAB did not apply the standard established by the California Supreme Court in 2003 and the employee failed to establish a prima facie case of workers’ compensation discrimination. Report Link California Restaurants Learn: Workers' Compensation Insurance Is Essential.Fisher & Phillips, LLP - March 04, 2009 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. Report Link Court Upholds Employer’s Right To Limit Workers’ Comp Chiropractor Visits.Barker Olmsted & Barnier - July 11, 2008 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. Report Link DIR Launches Enforcement Program to Target Employers Who Fail to Carry Workers' Compensation Insurance.Barker Olmsted & Barnier - June 03, 2008 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. Report Link The Evolution of California Labor Code Section 132A.Shaw Valenza LLP - April 26, 2007 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. Murphy v. Kenneth Cole Productions, Inc., Case No. S140308 (Cal. 2007)Report Link California Employers Finally Have the Right to Control Medical Treatment in Workers' Compensation Cases.Littler Mendelson, P.C. - November 04, 2004 With the enactment of SB 899 on April 19, 2004, the California legislature implemented much needed reforms to the State's ailing workers' compensation system. Although there are many employer friendly provisions in this bill, one area of reform stands out. Report Link Governor Schwarzenegger Signs Workers' Compensation Reform Bill.Littler Mendelson, P.C. - May 28, 2004 In recent years, workers' compensation costs have risen dramatically, leading to the demise of many of the state's workers' compensation insurance carriers. Report Link California Enacts Sweeping Workers' Compensation Reforms.Jackson Lewis LLP - April 20, 2004 On April 19, 2004, Governor Schwarzenegger signed legislation enacting a workers' compensation reform package. The bill, SB 899, was backed by the California Chamber of Commerce and numerous other business groups and became effective immediately upon the Governor's signing. Report Link State Job Bias Claim Barred by Workers Comp Release.Ballard Rosenberg Golper & Savitt - August 01, 2002 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 Report Link No Workers' Compensation Benefits For Psychiatric Injuries Caused By Gossip.Ballard Rosenberg Golper & Savitt - July 01, 2002 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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March 24, 2010 Fisher & Phillips |
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