Kimberlyn Bulkat, of SRTK’s San Diego office, successfully prevented the expense and risk of an applicant receiving a commutation of benefits for personal expenses, including a new roof, mortgage payments, and other debts.
Don’t Wait – Immediately Report Incidents After They Happen – Employees should not be afraid to report accidents. They should not also face sanctions and consequences because it is an accident and no one wants that to happen. Encourage them to report it immediately. This gives your employees the idea that you value their safety, and leaves a footprint of factual. Treating any type of injuries immediately can minimize the cost and reduce the chance for additional litigation, such as a Labor Code §132a filing.
In a recent decision, the Workers’ Comp Appeals Board affirmed its prior decision in Aguilera v. Collins Chiropractic Group which said that a plaintiff’s industrial injury caused only 88% permanent disability rather than the 100% determined by the Workers’ Comp Judge.
When is a communication not information? Is there a distinction between the two or are there consequences from a failure to correctly categorize? The Workers’ Compensation Appeals Board, in its January 23, 2017 En Banc Decision in Maxham v California Department of Corrections, has provided the answers.