MICHAEL SULLIVAN & ASSOCIATES BLOG

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Posts about Special Report:

Special Report: Applied Materials v. WCAB

Special Report: Applied Materials v. WCAB

On June 1, 2021, the 6th Appellate District Court of Appeal certified for publication its decision in Applied Materials et al. v. WCAB.

In that case, the 6th District Court of Appeal issued a lengthy 73-page decision addressing multiple issues raised by the parties. However, the decision is most significant for two issues:

  1. Whether a worker's post-traumatic stress disorder (PTSD) arising from a treating physician's sexual misconduct is compensable under workers' compensation. It was.
  2. Whether the Fitzpatrick case[1] was wrongly decided. Fitzpatrick was important as it had held that the WCJ may not use LC 4662 on its own to make a finding of total permanent disability. This case and its finding were affirmed.

Special Report: Supplemental Sick Leave & Temporary Disability Overlap

Special Report: Supplemental Sick Leave & Temporary Disability Overlap

On March 19, 2021, Gov. Gavin Newsom signed Senate Bill 95 into law requiring most California employers to provide up to 80 hours of COVID-19 supplemental paid sick leave. The law went into effect on March 29, 2021, but the requirements applied retroactively to Jan. 1, 2021. So, if an employee was eligible, an employer retroactively must pay the COVID-19 supplemental leave when the employee requests it, either orally or in writing. We published a detailed exposition of this new law last week.