Category Archives: Workers Compensation

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New York’s Highest Court Enforces Arbitration Provision in California Workers’ Compensation Insurance Agreement, Rejecting McCarran-Ferguson “Reverse Preemption”

A recent ruling by the New York State Court of Appeals underscores the Federal Arbitration Act’s (“FAA”) strong policy favoring enforcement of arbitration agreements—even in the insurance industry and despite federal policy generally favoring state regulation of the business of insurance. … Continue Reading

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’ … Continue Reading

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 … Continue Reading

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 … Continue Reading
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