MICHAEL SULLIVAN & ASSOCIATES BLOG

It has long been recognized that an employee's ability to participate in vocational retraining is a significant factor that must be considered in assessing the worker's permanent disability. (LeBoeuf v. WCAB (1983) 48 CCC 587, 597.) An employee's inability to compete in the open labor market could support an award of permanent total disability. Even though vocational rehabilitation was repealed and replaced with the supplemental job displacement benefit, an employee still can rebut a scheduled rating by establishing that he or she was not amenable to rehabilitation. (Ogilvie v. WCAB (2011) 76 CCC 624.) That's commonly done with evidence from vocational experts.

It is not uncommon for a defendant to overpay permanent disability (PD) benefits. An overpayment might occur for several reasons. The defendant might not receive the physician's report declaring the applicant permanent and stationary until long after the evaluation. Or a defendant simply might make a mistake and pay more PD than required.

Thanks to all of you who visited our booth at the CCWC Annual Conference to say hello, participate in our raffle, and pick up some free resources. Our happy hour at Splitsville was a lot of fun and it was great to catch up with colleagues and clients over cocktails, food, and bowling. Mark your calendars to join us next year on June 12, 2024!

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 Twitter. We'd love to have you attend one of our events!

May was a busy month for Team Rhino! We had a lot of fun events last month, including an evening watching the Padres and Giants play at Petco Park, a lobster feast hosted by the Yorba Linda Sunrise Rotary, and an afternoon spent improving our swings at Top Golf! Michael Sullivan & Associates was also very active at last month's CAHR 2023 Conference, hosting a memorable happy hour at Gladstone's, a booth with free resource materials and prize drawings, and the most recent chapter Eric and Tara's excellent "Building Airplanes in Flight" ongoing session.

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 Twitter. We'd love to have you attend one of our events!

Date & Time: June 14th, 2023 - 11:00 AM - 12:00PM
Register at: msa.news/06-14-23-webinar

California employers are not strangers to the ever-evolving minefield of compliance exposure under our unique employee-friendly state laws. Join employment law trial attorney Eric De Wames on June 14th, for an attorney’s perspective on key trends and common pitfalls in the wage and hour world. Get up to speed on the latest trends and strategies to avoid litigation exposure and defend claims when they arise. Attendees will obtain insights on pros and cons to arbitration agreements, PAGA action trends, and compliance suggestions to avoid exposure.

Space is limited, so register today!

PIHRA's 2023 California HR Conference was a resounding success! It was great to spend time with our valued clients, co-workers, and colleagues.

MS&A Managing Partner, Eric De Wames, and PIHRA President, Tara Fournier, presented the latest installment of their ongoing session "Building Airplanes in Flight (episode 9)" on Day 2 of the conference. Their session was a crowd favorite, offering insights into creating a healthy workplace environment while maintaining compliance with California's strict employment laws. MS&A's Happy Hour at Gladstone's was another highlight of the conference. Thank you to everyone who joined us and made it such a memorable evening! Thanks as well to those who stopped by our booth to say hello and learn more about the firm. We hope we’ll see you in the fall at PIHRA’s CELU23!

California Gov. Gavin Newsom has ended the COVID-19 state of emergency in California. While it was in effect, however, the workers' compensation system was subject to numerous changes and disruptions. The Workers' Compensation Appeals Board (WCAB) moved toward remote hearings, and Gov. Newsom issued an executive order extending specified time limits established in the Labor Code and administrative regulations.

PIHRA's 2023 California HR Conference (CAHR) is coming up soon! Michael Sullivan & Associates is a proud sponsor of the event, which is being held at the Long Beach Convention Center from May 8th to May 10th. Be sure to stop by our booth (#120) to say hello! There will be free resource materials and goodies available for conference attendees, as well as two raffle prizes, so be sure to bring your business cards.