In California, one principle is firmly established: the workers’ compensation system is the exclusive remedy for employees who sustain work-related injuries. Rooted in the state Constitution, this system embodies the so-called “compensation bargain,” where employees
Articles Discussing California Workers' Compensation Claims.
No Such Thing as “Workers’ Compensation” Leave
California’s public policy favors the workers’ compensation system as the preferred means to remedy employees’ work-related injuries. The system is based on the “compensation bargain,” under which employees give up the right to sue for
California Considers Workers’ Compensation Heat Illness Presumption for Agricultural Workers
In February 2024, California State Senator Dave Cortese introduced Senate Bill (SB) 1299. The bill would add section 3212.81 to the California Labor Code to establish a workers’ compensation presumption related to heat illness. The bill is now set for a hearing on April 10, 2024, in the Senate Labor,
Understanding “Workers’ Compensation Leave”
In this episode, Jen explains why “workers’ compensation leave” doesn’t exist, and how to manage employees who are off for work-related injuries or illnesses.
Hockey League Victorious in Long-Running Workers’ Comp Case Brought by Player
A professional hockey player’s attempt to collect Workers’ Compensation benefits for injuries suffered over the course of his career was ended by California’s highest court — capping a six-year battle during which Goldberg Segalla partner Joshua J. Roberts successfully defended our client every step of the way.
Episode 29: The Interaction Between Workers’ Compensation and Employment Laws
In this episode, Jen discusses common misperceptions about workers’ compensation and employment laws.
Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest
The WCAB recently issued a panel decision, Abraham Christian v. Ring Security Agency, Inc., which awarded interest against a defendant despite its timely payment of attorney’s fees deriving from settlement.
New Rules Come Into Play at the California Workers’ Compensation Appeals Board
On January 1, 2022, the Workers’ Compensation Appeals Board final rules went into effect in California. These rules were filed with the California Secretary of State on December 15, 2021. These rules were enacted due to the longevity and ever-evolving COVID-19 pandemic. The new rules were enacted to clarify the process for remote hearings and electronic processes.
California Workers’ Compensation Statute Held Not to Support a Common Law Tort Claim
California Labor Code section 132a, the anti-retaliation provision of the state workers’ compensation statute, has commonly been used to support a tort claim for wrongful termination in violation of public policy. Plaintiffs often argue at the demurrer stage that the California Supreme Court’s decision in City of Moorpark, 18 Cal. 4th 1143 (1998), provides the basis for such relief. City of Moorpark, however, never actually addressed the specific issue of whether Labor Code section 132a could properly form the basis for such a tort claim. A recent decision by a California Court of Appeal, Dutra v. Mercy Medical Center Mt. Shasta, No. C067169 (Sept. 26, 2012), focused on that inquiry and determined that a plaintiff cannot avail herself of section 132a as the basis of a tort action for wrongful termination. The Court of Appeal’s decision permits an employer to attack the complaint at its initial stages and close off an avenue commonly used by plaintiffs to maintain civil actions for wrongful termination claims related to workers’ compensation actions.