Laughlin, Falbo, Levy & Moresi LLP

Artificial Intelligence - The Implications of Machine Learning in Workers' Compensation

The use of artificial intelligence (AI) technology in the workers’ compensation arena is on the horizon. Given the scale of AI applications and the speed at which the technology is developing and being applied, AI has the… more

Artificial Intelligence, Automated Systems, Compliance, Data Privacy, Ethics

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California Office of Administrative Law Approves Cal/OSHA COVID-19 Emergency Temporary Regulations

On 11/30/2020, the Office of Administrative Law (OAL) approved Cal/OSHA’s proposed temporary emergency regulations regarding COVID-19 prevention and outbreaks.   These regulations are effective immediately and are located in the… more

Cal-OSHA, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Infectious Diseases

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New Workers Compensation Regulations and Guidelines: What’s it Worth?

There have been significant changes in workers’ compensation regulations and guidelines recently that have arguably increased the value of claims. In April 2021, The California Department of Industrial Relations, Division of… more

Centers for Medicare & Medicaid Services (CMS), Compensation & Benefits, Medicare, New Regulations

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2025 Forecast in California Workers' Compensation

In 2024, Californian workers faced a tempered legislative and judicial climate following an exciting election cycle from 2024. The California State Legislature and Governor Newsom have adjourned a legislative session that… more

Agricultural Workers, Cal-OSHA, California, Employment Litigation, Governor Newsom

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Board Panel Makes it Clear that the 60 Day Time Limit to Act on a Petition for Reconsideration is Tolled when an Error Occurs at the Board Level

The Workers’ Compensation Appeals Board has designated its March 27, 2024, opinion in Sandra Ja’Chim Scheuing v. Livermore National Laboratory, permissibly self-insured, administered by Gallagher Bassett, as a significant panel… more

Appeals, Labor Code, Workers’ Compensation, Workers’ Compensation Appeals Board (WCAB)

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WCAB issues En Banc Decision impacting the practice of multiple Panel QME requests due to failure to meet scheduling deadlines

We have all become accustomed to the practice of either seeking or receiving a replacement panel request when the QME is unable to set an evaluation timely. Frankly, many practitioners have tried to use section 31.1 of the… more

California, Filing Deadlines, Insurance Litigation, Judicial Authority, Workers’ Compensation

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Impact of SB 1127

On September 29, 2022, updates to the Labor Code went into effect when Governor Newsom signed SB 1127 into law. Two of these updates significantly expanded benefits for safety officers, one update imposed a potentially hefty… more

Data Collection, Labor Code, Medical History, Penalties, Temporary Disability Insurance

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California: The Golden State for Seasonal Workers

California has one of the most diverse workforces in the country. Each distinct job industry has its own nuances within the Workers’ Compensation system. One often overlooked but invaluable part of California’s workforce is its… more

California, Contract Terms, Disability Benefits, Documentation, Permanent Disability

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Mitigating Civil Liability for California COVID-19 Work Exposures

As we enter the tenth month of this pandemic, it is becoming increasingly clear that life must, and will, return to some degree of post-pandemic ‘normalcy’ in order to ensure our economic survival… more

Civil Liability, Coronavirus/COVID-19, Employer Liability Issues, Exclusive Remedy, Infectious Diseases

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WCAB Issues En Banc Decision Providing New Guidelines on Combination of Impairments Via Kite

The WCAB has issued a rare en banc decision providing guidance on the applicant’s burden of proof in rebutting the use of the “Combined Values Chart” (CVC) when combining impairments pursuant to the Kite decision. The WCAB found… more

Disability, En Banc Review, Labor Code, New Guidance, Workers’ Compensation Appeals Board (WCAB)

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LFLM LAW with L.A.W - Discovery for Covid-19 Claims

Welcome to LFLM LAW with L.A.W. - the podcast that dives deep into the intricacies of workers' compensation cases. Our host is Lindsay Wagenman, a Partner in our San Francisco office. In this episode, Kate Lozano, the Managing… more

Coronavirus/COVID-19, Discovery, Workers' Compensation Claim

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California: The Golden State for Seasonal Workers

California has one of the most diverse workforces in the country. Each distinct job industry has its own nuances within the Workers’ Compensation system. One often overlooked but invaluable part of California’s workforce is its… more

California, Contract Terms, Disability Benefits, Documentation, Permanent Disability

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A NEW MEDIC-ERA; Changes to CMS Review Guidelines in 2025

Vast changes are swiftly approaching regarding the efforts Workers’ Compensation practitioners must make in protecting Medicare’s interests in future medical settlements. The Centers for Medicare/Medicaid Services (CMS) has… more

Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Insurance Claims, Insurance Regulations, Medicare

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Kuciemba Update: Supreme Court Answers Long-Awaited Questions on Family Member COVID-19 Claims

In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household… more

Appeals, CA Supreme Court, Coronavirus/COVID-19, Corporate Counsel, Damages

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LFLM LAW with L.A.W. - Poking Holes and Looking for Inconsistencies in Workers' Compensation

Welcome to LFLM LAW with L.A.W. - the podcast that dives deep into the intricacies of workers' compensation cases. Our host is Lindsay Wagenman, a Partner in our San Francisco office. In this episode, Michael Neale, Associate… more

Workers' Compensation Claim

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Cal/OSHA Adopts New COVID-19 Workplace Standards

In what seems to be an endless bombardment of new information and policy in response to the COVID-19 crisis, Governor Newsom signed EXECUTIVE ORDER N-09-21 on June 17, 2021. The Governor accepted the recommendations of the… more

Anti-Retaliation Provisions, Cal-OSHA, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Executive Orders

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Who Pays What: The Pitfalls of Contribution and Reimbursement Among Co-Defendants in Workers’ Compensation

The recent Barahona v. ABM Janitorial Services (2024) 53 CWCR 4, decision sheds light on a common but often misunderstood issue in California workers’ compensation: how liability is shared among multiple employers and insurers… more

Appeals, California, Contribution Limits, Employer Liability Issues, Insurance Claims

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The Duty to Investigate: Applicant’s Attorneys’ New “Gold Mine” in CCR §10109(a)

It is well-established that the purpose of the workers’ compensation system is to provide benefits to employees who suffer on-the-job injuries or certain work-related illnesses. To adhere to the purpose of the workers’… more

California, Duty to Investigate, Good Faith, Labor Code, Penalties

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LFLM LAW with L.A.W - Working from Home

Welcome to LFLM LAW with L.A.W. - the podcast that dives deep into the intricacies of workers' compensation cases. Our host is Lindsay Wagenman, a Partner in our San Francisco office. In this episode, Michelle Sebring, a… more

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Applied Materials v. WCAB – Physician Misconduct Compensable and Fitzpatrick Affirmed

The Sixth District Court of Appeal recently issued its decision in the matter of Applied Materials v. WCAB. The decision was initially issued as unpublished and the California Workers’ Compensation Institute obtained an order… more

American Medical Association, Appeals, Bodily Injury, Compensation, Labor Code

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COVID-19 IN THE WORKPLACE: Updates on Legislation

As COVID-19 continues to linger in California, it remains an ongoing concern for state lawmakers. In response to this ongoing threat, California continues to provide updated regulations as it pertains to COVID in the workplace… more

Cal-OSHA, CDPH, Coronavirus/COVID-19, Employee Training, Masks

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California Supreme Court Rules App-Based Drivers Are Still Independent Contractors: Proposition 22 Is Not Unconstitutional

In 2020, California voters passed Proposition 22, otherwise known as the Protect App-Based Drivers Act (the Propositiont), exempting app-based drivers for companies like Uber, Lyft, and Instacart from a 2019 law known as AB5… more

CA Supreme Court, Independent Contractors, Unconstitutional Condition, Workers’ Compensation

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The Covid Vaccines: A Panacea for the Pandemic

As we continue to struggle through the COVID-19 pandemic, there may be light at the end of the tunnel, as California continues with its plan for distribution and administration of approved COVID-19 vaccines. As with all… more

California, Compensation, Coronavirus/COVID-19, Employer Liability Issues, Labor Code

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LFLM LAW with L.A.W - EPISODE 20 - Legal beginnings - A New Attorney’s Journey

In this insightful episode, join us as Jocelyn Hutch, Attorney, San Francisco, unveils the intricacies of her journey into the dynamic realm of workers' compensation defense. She delves into the nitty-gritty of what it truly… more

Employer Liability Issues, Employment Policies, State Labor Laws, Workers' Compensation Claim, Workplace Injury

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Senate Bill 213: Expanding Presumptive Injuries For Health Care Workers

Senate Bill 213 is still working its way through the California Legislature and, as such, is not yet in effect. Because health care workers have significantly increased exposure or susceptibility to particular work-related… more

California, Compensation & Benefits, Coronavirus/COVID-19, Governor Newsom, Healthcare Workers

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