Change of Treating Physician After Discharge from Care
April 17th, 2024Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP Nearly one-quarter century ago, in Tenet/Centinela Hospital Medical Center v. WCAB (Rushing) (2000) 80 Cal. App. 4th 1041, the Court of Appeal held that when a treating physician has declared the employee’s injury to be permanent and stationary, has released the employee to return to work […]
WCAB Issues En Banc Order and Notice of Intent to Impose Sanctions for Filing Frivolous Petitions for Reconsideration
April 11th, 2024Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP When a party disputes an order, decision, or award issued by a workers’ compensation judge (WCJ), there are two options for appeal. Pursuant to Labor Code § 5900, a party may file a petition for reconsideration of a “final order, decision, or award made […]
WCAB Issues Significant Panel Decision That It Will Continue to Follow Shipley
March 28th, 2024Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP As discussed in an earlier Special Report,[1] for more than 30 years, the Workers’ Compensation Appeals Board (WCAB) relied on Shipley v. WCAB (1992) 7 Cal. App. 4th 1104 to decide petitions for reconsideration, even if it did not act timely on a petition pursuant to Labor […]
Liability for Temporary Disability When Employee Refuses Work
February 21st, 2024Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP Temporary disability (TD) benefits serve as wage replacement during the period an injured worker is healing from an industrial injury. An employer’s obligation to pay TD benefits ceases when such replacement income is no longer needed. The obligation to pay TD benefits ends when […]
Understanding Integrated Disability & Absence Management: Why You Need it
In today’s rapidly evolving workplace landscape, organizations are constantly seeking effective ways to support their employees while also optimizing productivity and compliance. One approach that has rapidly gained prominence in recent years is the Integrated Disability & Absence Management (IDAM) plan. But what exactly is integrated management of workplace absences? How does it work? Why […]
Understanding the Premises Line Rule
January 16th, 2024Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP Under the judicially created going and coming rule, an employee’s injury while commuting to and from work is not compensable under the workers’ compensation system, absent special or extraordinary circumstances. That’s because long ago, the California Supreme Court believed that an employee going to […]
California’s Paid Sick and Safe Leave FAQs Updated
January 2nd, 2024Ann KuzeeAttorney, TELUS Health (Formerly LifeWorks) On December 12, 2023, California’s Labor Commissioner (“Agency”) revised its FAQs(https://www.dir.ca.gov/DLSE/Paid_Sick_Leave.htm) to the Healthy Workplaces Healthy Families Act (HWHFA), California’s Paid Sick and Safe Leave. The revisions were the result of Senate Bill 616 enacted on October 4, 2023, and effective January 1, 2024. While these […]
Special Report: What Happens After COVID Presumptions Are Repealed?
December 28th, 2023Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP In 2020, the California Legislature passed Senate Bill 1159 (SB 1159), which established a rebuttable presumption for specified employees that illness or death resulting from COVID-19 arose out of and in the course of employment. The presumptions were established in Labor Code §§ 3212.86, […]
IEA CEO, Brian Allain, Reflects on 2023 and Shares Vision for 2024
by Brian AllainCEO, IEA TrainingDecember 27th, 2023 Dear Valued IEA Community. As we approach the close of another year, I am delighted to reflect on the incredible journey we’ve experienced together in 2023 and to share our vision for the year ahead.This past year has been nothing short of extraordinary, marked by significant achievements […]
Special Report: WCAB Must Act on Petition for Reconsideration Within 60 Days
December 20th, 2023Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP The Workers’ Compensation Appeals Board (WCAB) has historically and increasingly faced a struggle to handle the volume of cases that come its way. As a result, too often it has failed to take action on a filed petition for reconsideration within the statutorily required […]
