September 8, 2010 | Posted By Sheppard Mullin | permalink | Email This | Share Link
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Updates to Workers' Compensation Posting Requirements

The California Division of Workers' Compensation (DWC) has finalized regulations requiring all employers within the state of California to post a new "Notice to Employees- Injuries Caused by Work." This notice must be posted in a conspicuous location frequented by all employees by October 8, 2010. The notice should include: the name of the workers' compensation insurance carrier, how to get medical treatment, emergency phone numbers, the types of illnesses and injuries covered by workers' compensation, advice that the employer may not be responsible for certain injuries, the employee's right to receive medical care and the right to designate a physician, the right of the employee to receive disability benefits, to whom the injuries should be reported, the time limits for employer-notification, protections against discrimination, the location and phone numbers of the nearest information or assistance officers, and a description of Medical Provider Networks (MPNs). In addition to the notice, employers must distribute a new "Your Rights to Workers' Compensation Benefits" pamphlet.

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April 27, 2007 | Posted By Sheppard Mullin | permalink | Email This | Share Link
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Employers Should Ensure All Contractors Carry The Appropriate Licenses and Workers' Compensation Insurance

Generally, employers are required under the California Labor Code to carry workers' compensation insurance to pay for any work-related injuries to their employees.  Employers who do not carry such insurance may be liable to the employee for his or her injuries, as well as for penalties and other sanctions for failing to carry workers' compensation insurance.  There is an exception under the Labor Code (the "Owner Exemption") for workers who are hired by the owner or occupant of a residential dwelling to perform work that is "incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, or occupation of the owner or occupant."  Under such circumstances, the owner is not liable to a worker for his or her injuries if the worker worked less than 52 hours or earned less than $100 from the owner in the 90 days preceding the injury. Continue Reading


July 5, 2005 | Posted By Sheppard Mullin | permalink | Email This | Share Link
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April 2004 Workers' Compensation Apportionment Provisions Apply To Workers' Compensation Cases That Are Not Yet Final

On April 19, 2004, Governor Arnold Schwarzenegger signed Senate Bill 899, enacting emergency legislation to reform California's workers' compensation system. Recently a California appeals court ruled that this emergency legislation, and particularly the apportionment provisions of this legislation, can be applied in workers' compensation cases that are not yet final. Marsh v. Workers' Compensation Appeals Board.

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