The 2019 NBA finals were a disconcerting reminder of the dangers facing professional athletes. Raptors and Warriors were falling down and crashing into each other again and again. Big guys. Guys like Marc Gasol and DeMarcus Cousins. Could anyone say with a straight face that we should limit cumulative trauma claims? But most dramatically, we

Read more…

Home health care is a dispute flashpoint in many cases involving significantly injured workers. But a June 2019 published California Court of Appeal decision from the 2nd DCA, Allied Signal v. WCAB (Wiggs) (see link at the bottom of this post) shows that to win on a home health issue, the courts will require that a

Read more…

AB 5 passed out of the California Assembly on May 29 and is now headed to the California Senate. It’s a bill that would codify the ABC employment test used in California Supreme Court Dynamex case. In a recent post “Hard to Define”, I explored the background of several legislative approaches re defining employment status

Read more…

The California WCAB has issued an en banc decision that provides an answer as to how the workers’ comp system will define a catastrophic injury. The opinion in Kris Wilson v. State of California Cal-Fire can be found at the end of this post. How “catastrophic” would be defined has been a source of speculation

Read more…

One of the most contentious issues in this year’s Sacramento legislative session is the debate over several bills which would define who is designated an employee under California laws. There are three pending bills (see links at the end of this post): AB 5 (Gonzalez) would essentially require the “ABC” test that was used by

Read more…