MICHAEL SULLIVAN & ASSOCIATES BLOG

The statute of limitations for pursuing death benefits is established in LC 5406. Except for LC 5406.5 and LC 5406.6 (which cover deaths from asbestos and HIV-related disease), proceedings for the collection of death benefits, per LC 5406(a), may be commenced one year from:

1. the date of death when it occurs within one year from date of injury;
2. the date of last furnishing of any compensation benefits, when death occurs more than one year from the date of injury; or
3. the date of death, when death occurs more than one year after the date of injury and compensation benefits have been furnished.

The California HR (CAHR) conference is less than a month away – are you planning to attend? Michael Sullivan and Associates is a proud sponsor of this year's conference taking place at the Anaheim Convention Center May 8th through May 10th. CAHR22 offers education and an opportunity to network with HR professionals statewide. Hear speakers share their experiences on challenges affecting operations, regulatory changes, and best practices for managing human resources. PIHRA has designed this conference for both in-person and virtual attendees, so don’t miss out on the opportunity to earn continuing education credits and find empowerment among your community. To register for the conference, go to https://cahrconference.org.

Effective Jan. 1, 2022, the Workers' Compensation Appeals Board (WCAB) amended its Rules of Practice and Procedure to permit electronic service, including via email. The Labor Code, however, previously recognized electronic service of a request for authorization (RFA) for medical treatment. Specifically, LC 4610(i)(1) states: "The request for authorization and supporting documentation may be submitted electronically under rules adopted by the administrative director."

On March 9, 2022, the Division of Workers’ Compensation (DWC) announced that in-person hearings will resume starting March 21, 2022, at almost all of the DWC district offices. The only exceptions are Eureka, which is now a completely virtual office, and satellite locations Bishop, Marysville, Chico and Ukiah, which also will remain virtual.

The Centers for Medicare & Medicaid Services (CMS) has updated its Workers' Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide (Reference Guide). The latest version, Version 3.5, was published Jan. 10, 2022. The Reference Guide was updated to clarify the use of non-CMS-approved products to address future medical care.

A case currently pending in the Supreme Court of the United States could spell a big win for California employers this summer, allowing them to foreclose a wider range of group employee lawsuits using arbitration agreements.

On February 9, 2022, Governor Newsom signed into law a Covid Supplemental Paid Sick Leave (“SPSL”) which will become effective on February19 and will be retroactive to...

On Tuesday a deal was struck between Gov. Newsom and California lawmakers to provide a new Supplemental Sick Leave similar to the one that expired on September 30. Those who follow my webinars may recall I predicted this would occur in delayed fashion after the 9/30 expiration (e.g. the March 2021 retroactive extension), but this was well beyond any predicted delay. Although not yet in final form, here are the components we expect: