Laughlin, Falbo, Levy & Moresi LLP
@FalboLlp
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California's Premier Workers' Compensation Defense Law Firm
Joined August 2020
Taking Credit? SB 487 to Limit Third Party Lien Recovery in Peace Officer and Firefighter Cases
jdsupra.com
Many of you are likely familiar with the existing, traditional concepts of subrogation and credit rights in California’s workers compensation system as set forth in Labor Code section 3852 et...
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Hernandez and the Ever-Growing Going and Coming Rule
jdsupra.com
Over the years, the “Going and Coming Rule” has often been defined more by its exceptions than by the rule itself. The rule states that an injury occurring off the employer’s premises during an...
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Temporary Disability Primer - Common Issues and Pitfalls in Calculating Average Weekly Wage
jdsupra.com
Temporary disability is an important workers’ compensation benefit with some complex nuances. The purpose of temporary disability is to financially compensate an injured worker for lost wages due...
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WCAB issues En Banc Decision impacting the practice of multiple Panel QME requests due to failure to meet scheduling deadlines
jdsupra.com
We have all become accustomed to the practice of either seeking or receiving a replacement panel request when the QME is unable to set an evaluation timely. Frankly, many practitioners have...
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WCAB issues En Banc Decision impacting the practice of multiple Panel QME requests due to failure to meet scheduling deadlines
jdsupra.com
We have all become accustomed to the practice of either seeking or receiving a replacement panel request when the QME is unable to set an evaluation timely. Frankly, many practitioners have...
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Who Pays What: The Pitfalls of Contribution and Reimbursement Among Co-Defendants in Workers’ Compensation
jdsupra.com
The recent Barahona v. ABM Janitorial Services (2024) 53 CWCR 4, decision sheds light on a common but often misunderstood issue in California workers’ compensation: how liability is shared among...
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A NEW MEDIC-ERA; Changes to CMS Review Guidelines in 2025
jdsupra.com
Vast changes are swiftly approaching regarding the efforts Workers’ Compensation practitioners must make in protecting Medicare’s interests in future medical settlements. The Centers for...
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Artificial Intelligence - The Implications of Machine Learning in Workers' Compensation
jdsupra.com
The use of artificial intelligence (AI) technology in the workers’ compensation arena is on the horizon. Given the scale of AI applications and the speed at which the technology is developing and...
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2025 Forecast in California Workers' Compensation
jdsupra.com
In 2024, Californian workers faced a tempered legislative and judicial climate following an exciting election cycle from 2024. The California State Legislature and Governor Newsom have adjourned...
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California Supreme Court Rules App-Based Drivers Are Still Independent Contractors: Proposition 22 Is Not Unconstitutional
jdsupra.com
In 2020, California voters passed Proposition 22, otherwise known as the Protect App-Based Drivers Act (the Propositiont), exempting app-based drivers for companies like Uber, Lyft, and Instacart...
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California: The Golden State for Seasonal Workers
jdsupra.com
California has one of the most diverse workforces in the country. Each distinct job industry has its own nuances within the Workers’ Compensation system. One often overlooked but invaluable part...
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WCAB Issues En Banc Decision Providing New Guidelines on Combination of Impairments Via Kite
jdsupra.com
The WCAB has issued a rare en banc decision providing guidance on the applicant’s burden of proof in rebutting the use of the “Combined Values Chart” (CVC) when combining impairments pursuant to...
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The Duty to Investigate: Applicant’s Attorneys’ New “Gold Mine” in CCR §10109(a)
jdsupra.com
It is well-established that the purpose of the workers’ compensation system is to provide benefits to employees who suffer on-the-job injuries or certain work-related illnesses. To adhere to the...
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Board Panel Makes it Clear that the 60 Day Time Limit to Act on a Petition for Reconsideration is Tolled when an Error Occurs at the Board Level
jdsupra.com
The Workers’ Compensation Appeals Board has designated its March 27, 2024, opinion in Sandra Ja’Chim Scheuing v. Livermore National Laboratory, permissibly self-insured, administered by Gallagher...
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Subpoena Compliance 101: LFLM’s Subpoena Response Protocols and Guidance
jdsupra.com
There continues to be a steady increase in subpoenas seeking claims files and human resources or personnel files from applicant’s counsel. Receiving and responding to subpoenas can be burdensome...
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The Covid-19 Presumptions: Are They Truly Gone?
jdsupra.com
For more than three years, virtually everyone in the California workers’ compensation community had become familiar with the Covid-19 presumptions. Labor Code sections 3212.86, 3212.87, and...
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[Video] LFLM LAW with L.A.W - EPISODE 20 - Legal beginnings - A New Attorney’s Journey
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WCAB En Banc Doubles Down on Rejection of “Vocational Apportionment” in Nunes II
jdsupra.com
The WCAB offered clarity on the complex topic of “vocational apportionment” in an en banc decision issued on June 22, 2023: Grace Nunes v. State of California, Dept. of Motor Vehicles, legally...
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[Video] LFLM LAW with L.A.W - Are AMEs still the solution with Tanya Johnson, Attorney, San Francisco
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