MICHAEL SULLIVAN & ASSOCIATES BLOG

Your Resource for the Latest Legal News, Combined with Insights and Recommendations from Our Attorneys

Pictures from PARMA's 2024 Annual Conference!

Pictures from PARMA's 2024 Annual Conference!

MS&A had a wonderful time at the PARMA 2024 Annual Conference! From insightful sessions to networking with industry leaders, it was an incredible experience. Grateful for the opportunity to learn, connect, and grow in the risk management field!

If you'd like to join MS&A at one of our upcoming events, just follow us on one of our social media channels--we're on LinkedIn, Instagram, Facebook, and X. We'd love to have you attend one of our events!

Liability for Temporary Disability When Employee Refuses Work

Liability for Temporary Disability When Employee Refuses Work

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 the worker returns to work, is deemed able to return to work or when the worker's condition achieves permanent and stationary status.

Announcing MS&A's New IDR Department!

Announcing MS&A's New IDR Department!

As the new year begins, I am excited to announce that we are adding a new practice area within the firm. In addition to the current practice areas of audits, civil liability, subrogation, workers' compensation, and employment law, we will now offer representation in matters related to California Public Employees’ Retirement System (CalPERS) Industrial Disability Retirements (IDR). Joining me in this endeavor will be Siobhan Kennedy, Shannon Ripple, Lisa Hendricks, and Kimberly Mall.

PIHRA's CELU 2024 Conference in Riverside

PIHRA's CELU 2024 Conference in Riverside

We had an amazing time at the CELU 2024 Conference this week! MS&A Managing Partner, Eric De Wames, and PIHRA President, Tara Fournier, shared valuable insights into leaves of absence and return to work issues in episode 10 of their ongoing "Building Airplanes in Flight" series. We're grateful for the chance to reconnect with friends and colleagues at the MS&A booth, where we provided resource materials, fun goodies, and had a prize drawing! We're already looking forward to next year!

Understanding the Premises Line Rule

Understanding the Premises Line Rule

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 and from the place of employment did not render any service for the employer. (Ocean Accident and Guarantee Co. v. IAC (1916) 173 Cal. 313, 322.)

But, "In an effort to create a sharp line of demarcation as to when the employee's commute terminates and the course of employment commences, courts adopted the premises line rule, which provides that the employment relationship generally commences once the employee enters the employer's premises." (Wright v. State of California (2015) 233 Cal. App. 4th 1218, 1231.) Injuries occurring after an employee has arrived on the employer's premises generally are presumed compensable as arising in the course of employment. Moreover, what constitutes the employer's premises has been broadly interpreted. The Supreme Court has stated, "The employer's premises include his parking lot as well as plant or office, and once the employee has reached the premises, employment is not interrupted by crossing public property while traveling from one part of the premises to another." (General Insurance Co. v. WCAB (Chairez) (1976) 16 Cal. 3d 595, 598-599.)