California Labor Code Archives - Workers' Compensation Defense

January 21, 2019 California

Don’t Strike Out! Coverage Needed for Traveling Professional Athletes

Consider the following scenario: an applicant filed a claim against the Arizona Diamondbacks for a date of injury of April 1, 2000 through June 1, 2010. The claim was filed August of 2018. He traveled to the state of California to play the Dodgers on six occasions throughout his entire professional baseball career. We first consider how we can combat these types of claims in the state of California.

As of October 8, 2013, AB 1309 was approved by the governor of California. Labor Code …

January 7, 2019 Disability Benefits / General

Recent Trends an “Inextricably Intertwined’ Universe

Oftentimes we see applicants who sustain a specific injury but continue to work thereafter and simultaneously developed a cumulative trauma injury. When evaluating an applicant, the California Labor Code specifically requires a physician to determine what percentage of disability was caused by each industrial injury. This is consistent with the new system of apportionment under SB 899 and the enactment of Labor Code section 4663 and section 4664 which is based on causation. This means that each distinct industrial injury must be separately compensated based …