California Workers Compensation System

California Workers Compensation System

Date of Injury – Cumulative Trauma Injury

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In Regards To A Date of Injury – Cumulative Trauma Injury

The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence, should have known that such disability was caused by his present or prior employment. See Labor Code Section 5412.

Tolling of the Statute of Limitations

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In regards to Tolling of the Statute of Limitations

Absence of notice to employee of rights under the labor code when employer knew or should have known of injury toll statute of limitations Reynolds case.

Employers failure to post mandatory notice regarding employees workers compensation rights pursuant to labor code section 3550 may toll the statute of limitations.

The statute of limitations is very detailed and complicated the factual situation has a very substantial effect on how the statute is applied.

Commercial Traveler Rule

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Re: Commercial Traveler Rule

In the case of a commercial traveler, workers compensation coverage applies to the travel itself and also to other aspects of the trip reasonably necessary for the sustenance, comfort, and safety of the employee. The test is whether the activity during the injury is one that an employer might reasonably expect to be incident to its requirement that an employee spend time away from home. As the Court of Appeal recently observed, an employee away on business can hardly be expected to remain holed up in his hotel room.

In light of the liberal construction of the commercial traveler rule, courts have held that leisure time activity incident to an employer’s requirement that an employee be away from his home base for an extended period of time is within the course of employment.

Injured Employee Offered Regular-Modified-Alternative Work

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In regards to an injured employee offered regular, modified or alternative work

If an employer has more than 50 employees and within 60 days of a disability becoming permanent and stationary the employer offers the injured worker regular work, modified work, or alternative work, the permanent disability will be decreased by 15% if the employer fails to make this offer the permanent disability will be increased by 15%.

The meaning of regular work, modified work, alternative work is defined in labor code section 4658.1.

Temporary Total Disability

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In the case of Zinke v. WCAB January, 2013 The WCAB limited the applicant to 104 weeks of temporary disability even if the applicant showed that the defendants delayed medical treatment which was not sufficient to establish equitable estoppel or totaling of the relevant time period so as to prevent defendant from asserting the 104 week limit on temporary disability payments.

Workers Compensation Blog

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Welcome to the California Workers Compensation blog. My name is Brent M. Thompson.I will be posting information regularly related to workmans compensation law and specifically targeting the field that I practice in – California Workers Compensation law. I have been practicing law for over 35 years and have represented thousands of injured workers who have suffered from on the job injuries. I have an impeccable record of successful claims and have settled significant cases for clients through Compromise and Release, Stipulations and Structured Settlements. Click Here for the latest information on Recent Case Decisions and Awards.

Throughout the years the Workers Compensation System has changed. Through this blog, I will address these changes in an effort to keep you up to date on the most recent reforms being made to the California Workers Compensation System.