The magnitude of the COVID health and economic crisis is such that there is little focus on anything else in the workers comp world. And with good reason. Whatever happens under the Governor’s executive order establishing a presumption of industrial causation and with the batch of COVID presumption bills in the legislative hopper, the crisis

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An interesting lawsuit has been filed in the United States District Court Eastern District of California. The suit (ExamWorks v. Baldini et al), filed by ExamWorks, a prominent provider of California medical-legal physician evaluations, seeks damages and injunctive relief against several former Examworks employees in Northern California.  Those employees are alleged to have misappropriated trade

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Today Governor Newsom announced an executive order establishing a rebuttable industrial presumption that COVID is work related for certain workers who have a documented COVID diagnosis from March 19, 2020 til 60 days from the announcement of today’s order (see text of the order at the bottom of this post). Citing gubernatorial power during a

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A second bill to enact a presumption that COVID illness is industrial has been introduced in California’s legislature. The bill, SB 1159 (authored by Senator Jerry Hill and co-authored by Assemblyman Tom Daly), would create a rebuttable presumption that for certain “critical workers”, COVID illness or death be deemed industrial. This would apply to critical

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The pressure on the California workers’ comp system to deal with the COVID-19 crisis is mounting. Should first responders, medical personnel and “essential workers” who are diagnosed with COVID receive a presumption that the virus was contracted at work? If there is no presumption, workers can still pursue a COVID claim, but they would have

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