MICHAEL SULLIVAN & ASSOCIATES BLOG

Last month was packed with energy, connection, and community! From team-building events and golf tournaments to industry conferences and the Alliance of Women in Workers’ Compensation “All In Summer Mixer,” our MS&A team showed up and got involved.

Swipe through to see some of our favorite moments—we’re proud to be part of such a vibrant industry and even prouder of the people who make it all happen.

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, and Facebook. We'd love to have you attend one of our events!

Under the 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.) Although the going and coming rule remains, "It has generated a multitude of exceptions which threaten, at times, to defeat the rule entirely." (Santa Rosa Junior College v. WCAB (Smythe) (1985) 40 Cal. 3d 345, 348.) So, the Workers' Compensation Appeals Board (WCAB) frequently finds injuries incurred while traveling to and from work to be compensable.

May was packed with connection, collaboration, and community! From team-building events across our offices to sharing insights at PIHRA’s CAHR Conference and client training sessions, the MS&A team stayed busy and engaged. We even hit the green for a little friendly competition!

Swipe through to catch a glimpse of the moments that made this month memorable.

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, and Facebook. We'd love to have you attend one of our events!

California has seen an increase in the number of workers who work remotely from home. In response to the COVID-19 pandemic and the statewide stay-at-home order, employers across the state implemented changes to allow employees to work from home to keep their businesses running during the pandemic. Those changes are still being felt, as many employees want to work from home, and many employers continue to allow them to do so, either fully or partially.

California Code of Regulations 31.3 establishes the rules for scheduling appointments with a qualified medical evaluator (QME) selected from a panel. CCR 31.3(e) establishes when a QME must be available for an appointment and states, "If a party with the legal right to schedule an appointment with a QME is unable to obtain an appointment with a selected QME within ninety (90) days of the date of the appointment request, that party may waive the right to a replacement in order to accept an appointment no more than one-hundred-twenty (120) days after the date of the party's initial request for an appointment." CCR 31.3(e) also allows either party to report the QME's unavailability and requires a replacement panel to issue "when the selected QME is unable to schedule the evaluation within one-hundred-twenty (120) days of the date of that party's initial request for an appointment" unless the parties waive the time limit for scheduling an initial or subsequent evaluation. CCR 31.3(f) applies the provisions in CCR 31.3(e) to both comprehensive medical-legal evaluation by a QME and follow-up comprehensive medical-legal evaluations by a QME.

April was packed with energy, connection, and collaboration! From industry conferences to community gatherings (and even some courtside fun), the MS&A team stayed active, engaged, and future-focused. We’re always proud to show up, share knowledge, and build lasting relationships throughout California.

Scroll through the snapshots below to see how our teams came together to connect, contribute, and celebrate along the way.

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, and Facebook. We'd love to have you attend one of our events!

Labor Code § 4062.2 establishes the procedure for selecting a qualified medical evaluator (QME) when an employee is represented by an attorney. Pursuant to LC 4062.2(c), each party has 10 days from assignment to strike a doctor from a panel, a period extended by the mailbox rule. (Messele v. Pitco Foods, Inc. (2011) 76 CCC 956 (appeals board en banc).) It adds that if a party fails to timely exercise a strike, "[T]he other party may select any physician who remains on the panel to serve as the medical evaluator."

Here’s a look back at some of the great moments MS&A had in March! From team-building fun to reconnecting with colleagues at industry events, it was a month full of connection and creativity. Check out the photos below to see how our teams came together to learn, grow, and unwind!

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, and Facebook. We'd love to have you attend one of our events!