Temp Worker Injuries and the Dual-Employer Problem: Navigating the General-Special Employer Split
When a staffing agency worker is hurt on a client company's site, two employers exist — and the question of which one's comp coverage appli…
Categoría
Compensación al trabajador
Compensación al trabajador en California: fallos de la WCAB, procedimientos de MPN/QME, coordinación con reclamaciones de lesiones personales contra terceros y el lado práctico de los casos de compensación.
Construction Multi-Employer Worksites: Workers' Comp, Third-Party Liability, and the OSHA Framework
Serious injuries on multi-employer construction sites generate both a workers' compensation claim against the direct employer and tort clai…
Remote Work Injury and Workers' Comp: Building the AOE/COE Case for Home Office Claims
Remote workers injured at home face a more complex AOE/COE analysis than office workers, but the dual nexus test can be satisfied in most j…
Heat Illness at Work: AOE/COE Analysis, OSHA Standards, and Employer Liability
As extreme heat becomes a recurring occupational hazard, heat illness claims are moving through workers' comp systems with new regulatory t…
Light Duty Offers and Return-to-Work Disputes in California Workers' Comp
A modified-duty offer can cut off temporary disability payments the moment the employer sends it, whether or not the work offered is actual…
Life Care Planning in Catastrophic Workers' Comp Cases: Building the Future-Damages Record
In catastrophic workers' comp injuries, the life care plan is the document that frames every negotiation over future medical costs, MSA pri…
The Independent Contractor Injury Trap: Civil Claims When the Comp Bar Falls Away
When a worker labeled an independent contractor is actually an employee under applicable law, the employer cannot hide behind the workers'…
Temporary Disability Benefit Disputes in California Workers' Comp
California temporary disability benefits are more frequently disputed than they should be, and the rules governing their calculation, payme…
Occupational Disease Claims: Building Industrial Causation
Occupational disease claims differ from traumatic injury claims in how causation is established and how the medical record is developed. Th…
Clearing the Psychiatric Injury Threshold Under Labor Code 3208.3
California Labor Code 3208.3 imposes requirements on psychiatric injury claims that have no counterpart in physical injury cases. Understan…
Winning Treatment Authorization Through UR and IMR en Comp
A practitioner's guide to surviving utilization review and independent medical review: the timelines that kill defective denials, how to bu…
Winning the Firefighter Cancer Presumption: Burden-Shifting for Safety Members
Statutory presumptions convert a firefighter's cancer diagnosis from a contested causation fight into an employer's burden to rebut. Here i…