Workers' Compensation Attorney Blog
Heart Presumption | What Conditions Does the Law Recognize?
If you are a sheriff, police officer, district attorney investigator or inspector, highway patrol officer, Department of Justice personnel considered
Safety Employees: Personal Insurance versus Work Comp?
Over the years, I have spoken to clients who have discussed prior injuries (or existing injuries) where they used personal insurance instead of workers’ compensation. Those people fall into two different groups...
What is the Subsequent Injuries Benefit Trust Fund (SIBTF)?
This is a common issue missed in many workers' compensation cases. You'll have somebody that has a workers' compensation claim and they have a certain amount of disability in that claim and they have pre-existing disability usually caused by something that's unrelated to the workers' compensation.
2020 Cal Fire Local 2881 Conference | Work Comp
I wanted to write the blog following my attendance at the 2020 CAL FIRE Convention in downtown Sacramento between Thursday, January 9 and January 11. On the first day (Thursday), I handed out (and many members picked up) my free Workers' Compensation Safety Booklets.
COVID 19, Safety Personnel and Workers' Compensation
I've been starting to get some phone calls from my safety personnel reporting that they've contracted COVID-19. It appears that work is causing COVID-19 based on the facts given to me.
Understanding Prescriptions in the Workers' Compensation System
Understanding the doctor’s role, your pharmacies’ role, your attorney’s role, and the workers’ compensation insurance company’s obligation is critical in the prescription process.
California Fire Season 2020 & Workers' Compensation Injuries
The great number of fires in 2020 (as of the writing of this article, there are 18 fires that over 10 acres in size currently burning), there are going to be a lot of workers' compensation injuries to CAL FIRE personnel.
Difference Between Impairment and Disability
In most of my cases, the discussion of impairment and disability necessary. However, when I have a safety personnel such as CDCR prison personnel and parole officers, CAL FIRE, CHP, city and county firefighters, police officers, and sheriff, this explanation is important.
CDCR, Heart Presumption, and Custodial Duties
As a CDCR employee, you may be entitled to the heart trouble presumption, which means that if you develop a heart condition while employed by CDCR, it is presumed to be related to your job with CDCR.
California Highway Patrol and Workers' Compensation Presumptions
As with most safety personnel, highway patrol officers have multiple presumptions, and if you have an a medical diagnosis, it may be related to work and you may not be aware of it. It’s important to understand your rights especially if you are coming up on retirement.
CAL FIRE and Workers' Compensation Presumptions
As with most safety personnel, firefighters have multiple presumptions, and if you have a medical diagnosis, it may be related to work and you may not be aware of it. It’s important to understand your rights especially if you are coming up on retirement.
CDCR | File Multiple Work Comp Claims or One?
When handling CDCR workers’ compensation claims, you run into officers who have multiple incidents over a period of time. Some of them are bandaid form situations and others require that a workers’ compensation claim form be filed with the employer.
Cal Fire 2881 Conference 2022 | Work Comp Claims
My firm attended the Cal Fire 2881 conference this year. The last time we were at the conference was 2020; obviously the pandemic kept us from the in-person conference.
Catastrophic Accidents in Humboldt and Del Norte Counties
It’s hard to find a doctor and this has gotten worse after St. Joseph Hospital has consolidated a lot of medical facilities in Humboldt County and Del Norte County. A workers' compensation claim makes it almost impossible; add a catastrophic claim and your care will be non-existent without our help
Disability Retirement & Subsequent Injuries Benefit Trust Fund
It is important to understand SIBTF when applying for IDR especially if you’ve had prior workers’ compensation claims where settlement amounts are paid.
Industrial Disability Retirement & Maximum Medical Improvement
This week I wanted to discuss a common problem that is inherent in the workers’ compensation and Industrial Disability Retirement process.
Workers' Compensation Claims in the Eureka & Crescent City Areas
Workers’ Compensation in the Eureka and Crescent City areas are very different than other areas of the State.
Cal Fire, McKinney Fire & Oak Fire, and Workers' Compensation
We are well into fire season with McKinney and Oak Fires dominating the news. The focus is on climate change affecting dry conditions, loss of structures and homes, and loss of land. However, there isn’t enough focus on the impact this has on the fire fighters for CAL FIRE.
Cal Fire Firefighters | Labor Code 4811
This week, the Cal Fire Local 2881 announced an agreement with the State of California for an increased benefit when firefighters are taken off work for a workers’ compensation injury.
Work Comp Claims & Investigators
You were injured at work. You filed your claim with your employer. You have gotten a lot of confusing letters from their work comp insurance company. Now you have a phone call from someone at the insurance company saying you will be speaking with an investigator to take your statement.
Work Comp Claim | Medical Releases and Lists
When an injured worker files a workers' compensation claim, it is safe to say that just about all insurance companies will send you a form that asks for all doctors and hospitals you have been to in the past; in addition, they will enclose a medical release.
Modified Duty, Wage Loss, and Temporary Disability
When you are injured on the job, you may fall into several categories of work status and disability payments. This is determined by what work restrictions or work limitations your doctor feels you need while you are treating for your injury.
Workers' Compensation | Lower Back Presumptions
Labor Code Section 3213.2 recognizes certain safety personnel for low back injuries; this is often referred to as the Duty Belt Presumption. Most officers who wear duty belts have additional stress on the back; the legislature has recognized the general day-to-day exposure that duty belts create on
Subsequent Injuries Benefit Trust Fund
If you have had a workers' compensation injury that has rendered you unable to work permanently, especially if you are now eligible for Social Security Disability after your work injury, then you need to take the time to read this article.
Qualified Medical Evaluator (QME) Appointments
What to expect when they are attending an appointment with a Qualified Medical Evaluator.
What Is A QME? How It Affects My Claim?
A Qualified Medical Examiner (QME) can affect your future medical care and disability.
Social Security Disability Insurance (SSDI)
We recommend to our clients that if they are still unable to work, they have been off for more than a year, and they are no longer receiving temporary disability (the benefit workers' compensation pays you while off work), then apply for State Disability Insurance (SDI) and Social Security.
Workers' Compensation & State Disability Insurance
We recommend to our clients that if they are still unable to work, they've have been off more than a year, and they are no longer receiving temporary disability (benefit workers' compensation pays you while off work), then apply for State Disability Insurance (SDI) and Social Security.
Sacramento Workers' Compensation Attorney
My office has focused its representation on safety personnel including CDCR correctional officers, CAL FIRE firefighters, city and county firefighters, city police, and deputy sheriff and county correctional officers. We have been handling cases all over Northern California.