The WCIRB California's 2023 State of the System Report revealed that shares of self-insurance vary widely by industry and are relatively low in most cases.
Did You Know? (August 28th, 2023)
Fun in the Sun at Sedgwick’s Rancho Cordova Sprit Week
MS&A enjoyed visiting Sedgwick’s Rancho Cordova office on “Sports Fan” day during its summer Spirit Week! Shave Ice “won” the day with cool treats!
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Pics From AAWCP's Nor-Cal Summer Mixer!
We had a blast at the AAWCP Nor-Cal Summer Mixer last Saturday! Check out these snapshots from an unforgettable evening of networking and fun!
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How To Handle Pending Appeals Following Earley v. WCAB
On Aug. 1, 2023, the 2nd District Court of Appeal issued its decision in Earley v. WCAB invalidating the long-standing practice of the Workers' Compensation Appeals Board (WCAB) to grant petitions for reconsideration without first deciding whether reconsideration is warranted. The court held that grant-for-study orders violated Labor Code § 5908.5. But it also held that the WCAB is not required to issue a final ruling on the merits within 60 days. This case was discussed in detail in our previous article.[1]
Did You Know? (August 10th, 2023)
Fascinating insights from WCIRB California's 2023 State of the System report! California CT claims were up between 2011 and 2019, primarily due to claims filed in the Los Angeles and San Diego areas. While 2020 saw a significant increase in claims filed in Los Angeles, the number of statewide CT claims returned to approximately pre-pandemic levels in 2021.
July 2023 Rhino Round-Up
It's time for the July Rhino Round-up! Summer is here and we enjoyed some great events with our clients and colleagues, while simmering in the California sunshine.
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Special Report: Court Invalidates Common Reconsideration Practice
On Aug. 1, 2023, the 2nd District Court of Appeal issued its decision in Earley v. WCAB invalidating the long-standing practice of the Workers' Compensation Appeals Board (WCAB) to grant petitions for reconsideration without first deciding whether reconsideration is warranted. It held that pursuant to Labor Code § 5908.5, the WCAB must state in detail the reasons for its decision to grant reconsideration and the evidence that supports it. But it also held that the WCAB is not required to issue a final ruling on the merits within 60 days.
CA Courts Refuse to Expand Employer’s Duty to Prevent Spread of COVID
California employers scored a victory this week, as both the CA Supreme Court and US Court of Appeals for the 9th Circuit confirmed that employers owe no duty of care to prevent the spread of COVID to members of their employees’ households. The facts of the case, Kuciemba v. Victory Woodworks, Inc., were actually super interesting!
As a furniture and construction company with jobsites all over California, Victory was declared an essential business during the COVID lockdowns of 2020. While the lockdown was ongoing, several employees at one of its jobsites contracted COVID. Instead of requiring its non-infected employees at that site to quarantine, Victory reassigned them to other jobsites, including Mr. Kuciemba’s, in violation of the health orders in place at the time. Not surprisingly, one of the reassigned employees gave Mr. Kuciemba COVID, and in turn, Mr. Kuciemba gave it to his wife. While she was fortunate enough to survive her bout with COVID, she was hospitalized for a considerable time, during part of which she required a respirator to breathe. The Kuciembas sued Victory, claiming (among other things) that Victory caused Mrs. Kuciemba’s injuries by negligently failing to protect its employees from the spread of COVID.