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Utilization Review (UR) Frustration with California Work Comp Treatment
When you are injured privately, treatment is often easy to obtain. For instance, if your doctor needs an x-ray, you go down the hall for an x-ray and see the doctor minutes later. Your recovery is normally faster. Not so with the current state of…
2024 How Long Can You Be on Workers’ Comp in California?
Workers in California can file workers’ compensation claims if they are injured on the job. State law requires all employers, with a few exceptions, to carry this type of insurance policy. The program is designed to help workers recover from their injuries and return to…
SB 697 and the Hurdles to a “Value of Care” Model in California Workers’ Compensation
Last month, the California Senate passed SB 697. This bill, if signed into law, would require the Administrative Director of the Division of Workers’ Compensation to perform a study on whether it would be viable to link payment for workers’ compensation medical treatment to “value…
Kids’ Chance-Scholarships for Injured Workers’ Children in California
Wiesner English, P.C., is proud to contribute to Kids’ Chance. Kids’ Chance is a nation-wide non-profit that provides scholarships and support to the children of workers who have been injured on the job. During their 2020 to 2021 cycle, they provided 668 scholarships totaling over…
Who Qualifies Benefits in a California Subsequent Injury Fund Case?
What happens when you are severely injured at work but are not deemed 100% disabled from that injury alone – yet can’t find a job because of the injury and other disabilities? For injured workers with prior injuries and a qualifying Subsequent Industrial Injury (“SII”),…
Amended Labor Code Sections Protecting Legal Presumptions Takes Effect January 1, 2023
Beginning January 1, 2023, peace officers, fire fighters, and other qualified public servants in the State of California (and the attorneys who represent them) will have new tools to ensure that workers’ compensation claims administrators fairly and timely handle claims involving legal presumptions for these…
California Workers’ Compensation Retraining Vouchers
What is the Supplemental Job Displacement Benefit (SJDB) retraining Voucher A retraining voucher (formally a Supplemental Job Displacement Benefit or SJDB Voucher) is designed to help injured workers retrain for different careers or positions. It is not required in every case. It’s designed to cover…
The Role of Subpoenas in California Workers’ Compensation
What is a subpoena? A subpoena is a court order. Sometimes it is an order to be somewhere to testify. If we have a trial and there is a non-party witness (someone besides the injured worker or dependent or, on the other side, the employer/insurance…
Special Wage Loss Payments for Peace Officers, State Employees, and Teachers
As my partner Marc S. Wiesner outlined in a prior post, time missed at work due to a workplace injury is compensated by a benefit called Temporary Disability. Per California Labor Code §4653, this in generally calculated at 2/3rds of the injured workers Average Weekly…
Alphabet Soup of Workers’ Compensation, Part III—Special issues
In my first post, we covered issues that arise earlier in a case (AWW, TD, PTPs, WPI, RFAs, UR and IMR). Part II covered some of the common issues (and shorthand) that would come up later in a case (P&S, stips, C&R, MSA, F&A). Though…
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