MICHAEL SULLIVAN & ASSOCIATES BLOG

As discussed in an earlier Special Report,^[1] for more than 30 years, the Workers' Compensation Appeals Board (WCAB) relied on Shipley v. WCAB (1992) 7 Cal. App. 4th 1104 to decide petitions for reconsideration, even if it did not act timely on a petition pursuant to Labor Code § 5909. That statute states, "A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date of filing." Based on Shipley, the WCAB generally held that if a petition was not considered within the time limit of LC 5909 due to the WCAB's own inadvertent error, it still may decide the merits of the petition, even if the 60-day time period has elapsed.

Under Labor Code § 3602, workers' compensation benefits are "the sole and exclusive remedy of the employee or his or her dependents against the employer" for work-related injuries. The purpose of the exclusive remedy rule is to protect the employer's side of the compensation bargain. Under that bargain, the employer assumes liability for industrial personal injury or death without regard to fault in exchange for limitations on the amount of that liability. The employee is given relatively swift and certain payment of benefits to cure or relieve the effects of industrial injury without having to prove fault. In exchange, he or she gives up the wider range of damages potentially available in tort.

It’s the February Rhino Round-up! Last month featured informative conferences, Valentine’s Day fun, and a glamorous gala event!

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!

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!

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.

PARMA's 2024 Annual Conference is coming up next week, and we're excited to see you there! Michael Sullivan & Associates is a proud participant of this year's conference as a speaker and exhibitor.

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.

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!