Author: SRTK Shareholders
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Published August 10, 2020
California Legislature to Hear Testimony on Multiple Bills to Create COVID-19 Presumptions for “Essential” and Other Workers
As we have written previously, the California state legislature will begin to hear testimony on Senate Bill 1159, in a session beginning August 11th at 10am. In addition, testimony will be heard on two other bills, Assembly Bill 196 (AB 196) and Assembly Bill 664 (AB 664). These two bills create separate presumptions, one conclusive and one rebuttable, that cover essential employees.
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Published July 24, 2020
Legislative Update: California Lawmakers To Evaluate Adding COVID-19 Presumption to Labor Code
The California Assembly Insurance Committee will hear testimony on Wednesday concerning SB1159, a bill that would codify Governor Newsom’s Executive Order establishing a rebuttable presumption that coronavirus (COVID-19) cases contracted at work between March 19th and July 5th are compensable.
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Published July 14, 2020
California Workers’ Compensation Anesthesiologist Charged With 88 Felony Counts in Insurance Fraud Scheme
A California workers’ compensation anesthesiologist has been charged with 88 felony counts in a healthcare insurance fraud scheme that prosecutors say cost insurance companies over $650 million in fraudulent billings.
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Published July 7, 2020
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Published June 1, 2020
SRTK Statement on Recent Events
As a firm that both celebrates and finds strength in our diversity, SRTK is deeply saddened by the recent events in our communities across the US. We stand by those who are passionately yet peacefully opposing oppression of any form and we will continue to support our clients, team members, colleagues, and communities through a commitment to diversity and inclusion in both the workplace and the world.
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Published May 12, 2020
Executive Order N-62-20 Best Practices
Read our summary of Gavin Newsom’s Executive order N-62-20 on coronavirus (COVID-19), and our suggestions for best practices in addressing such claims.
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Published April 27, 2020
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Published April 20, 2020
Tim Kinsey Defeats Industrial Disability Retirement Claim
Tim Kinsey successfully defeated Applicant’s claim for a CalPERS Industrial Disability Retirement, saving the City of Anaheim over $1,000,000. The JAMS Judge concluded that because Applicant resigned before participating in Anaheim’s Mandatory Permanent Modified Duty program, he precluded the City’s ability to explore modified positions and therefore denied Applicant’s request for an Industrial Disability Retirement.
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Published April 1, 2020
Workers’ Compensation Claims and Coronavirus Layoffs: Disability Liability For Workers on Modified Duty
If an employee was working modified duty under a workers’ compensation claim, and they are laid off, there is a substantial question of whether they are entitled to TTD under the workers’ compensation claim.
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Published March 16, 2020
A Message From SRTK’s Shareholders to Our Friends, Families and Valued Clients Regarding Coronavirus COVID-19
In this unsettled time, we want to reach out to you personally. Our thoughts and prayers are with you and your families during this time and always. At SRTK our priority is our workers’ compensation community throughout the nation, including all of our employees and those of our clients.
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Published March 13, 2020
California Supreme Court Declines to Review or Depublish Ruling in Meadowbrook Insurance Co. v. WCAB (DFS Interpreting)
On Wednesday, the Supreme Court denied the petition for review and multiple depublication requests in the the case of Meadowbrook Insurance Co. v. WCAB (DFS Interpreting). The Court of Appeals’ November 2019 ruling will stand and be published and citable as a rule of law.
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Published March 2, 2020
New and Amended Workers’ Compensation Rules of Practice and Procedure Effective January 1, 2020
New and amended Workers’ Compensation Rules of Practice and Procedure took effect on January 1, 2020. The updated Rules include renumbering and reorganization, as well as repeals and new regulations. Click here to read our Summary for a highlight of some of the relevant changes.
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Published January 17, 2020
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Published November 22, 2019
3rd District Court of Appeal ruling in Meadowbrook Ins. Co. v. WCAB addresses timeliness of EOR and subsequent jurisdiction.
The 3rd District Court of Appeal issued a ruling in Meadowbrook Ins. Co. v. WCAB [link below] that an interpreter bill for med-legal services will be barred if the provider does not seek a second review following denial by the defendant’s EOR under the IBR/non-IBR process located in LC4603.2(e).
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Published October 16, 2019
Southern California Doctor Sentenced to Two Years Over Kickbacks
Dr. Timothy J. Hunt has been ordered to serve two years in federal prison and will forfeit $3 million after admitting to taking over $1.5 million in illegal kickbacks from Pacific Hospital of Long Beach over a five year period.
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Published October 11, 2019
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Published August 30, 2019
Kathleen Roberts Earns a Take Nothing
Kathleen Roberts, Shareholder of our San Jose office, recently earned a take nothing on an unusual pro per case involving a chemical exposure claim. The WCJ found no injury. Blood tests from a local hospital had shown an abnormality in the lungs and internal organs, and if the WCJ had found injury, the costs could have been enormous. Way to go, Kathleen!
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Published August 27, 2019
Workers’ Comp Case in New Hampshire Involving Opioids Comes Down to Employee’s Intentional Ingestion of Drugs
In a workers’ comp case involving opioids in New Hampshire, the NH Disability Rights Center and its insurer faced an argument that “where a work-related injury leads to addiction or substance abuse, that death is compensable.” The New Hampshire Supreme Court affirmed the CAB ruling to deny benefits based on the employee’s actions.
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Published July 8, 2019
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Published April 8, 2019
Joanne Thomas Named to Los Angeles Business Journal’s 2019 “Most Influential Women Attorneys” List
SRTK President and CEO Joanne Thomas was recently selected for inclusion in Los Angeles Business Journal’s prestigious “Most Influential Women Attorneys” list for 2019.
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Published April 5, 2019
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Published December 21, 2018
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Published December 11, 2018
Appellate Court Confirms Change in Apportionment Law
The First Appellate District Court of Appeals has reversed the Workers’ Compensation Appeals Board (WCAB)’s decision on a high profile apportionment case, finding the WCAB was not applying the correct standard for apportionment under Labor Code Section 4663 to nonindustrial factors of impairment.
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Published November 15, 2018
Please Donate to SRTK Northern California Fire Relief
Many of our team members were severely impacted by the recent fires in Northern California. The firm has already donated to their relief, and we want to ask our community to also help in this difficult time. All donations will help our assistants and administrative staff displaced by the fires.
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Published October 16, 2018
Joanne Thomas Named to Top Attorneys of North America 2018-2019 by Who’s Who
Shareholder Joanne Thomas has been selected for inclusion in The Who’s Who Directories’ Top Attorneys of North America 2018-2019.
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Published September 24, 2018
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Published September 24, 2018
SRTK Supports Event Sponsoring Children in LA County Foster Care System
Congratulations to Team SRTK for joining others in the LA legal community yesterday morning and representing the firm in the Greater Los Angeles Association of Legal Administrators’ (GLA ALA) 11th Annual Justice Jog/Walk 5k & 10k in Century City!
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Published July 17, 2018
SRTK Helps Raise $500,000 for LA Regional Food Bank
SRTK placed Bronze in the LA Regional Food Bank’s Annual Food From the Bar Food Drive, which raised $500,000 to benefit children in Los Angeles this summer.
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Published June 27, 2018
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Published June 12, 2018
Timothy Kinsey Writes WorkCompCentral Article on Detecting Fraud
Shareholder, CFO and Treasurer Timothy Kinsey has published an article in WorkCompCentral’s Work Comp World blog discussing red flags that can signal fraud in the workers’ compensation system.
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Published April 21, 2018
Jesse Peck of Orange County Earns a Take Nothing
Jesse Peck, of our Orange County office, recently earned a take nothing in a case involving two separate cumulative trauma claims.
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Published March 28, 2018
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Published March 6, 2018
Court of Appeals Limits Temporary Disability Award Length
The Court of Appeals issued a decision today in the case of Kyle Pike vs County of San Diego. The decision found that, for dates of injury after January 1st, 2008, there can be no temporary disability awarded more than 5 years after the injury.
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Published February 14, 2018
Jeff Stander Writes WorkCompCentral Article on Challenging Witness Credibility
Of Counsel Jeff Stander has published an article in WorkCompCentral’s Work Comp World blog detailing strategies for challenging a witness’ credibility in a work injury case.
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Published December 27, 2017
California DWC Publishes List of Entities Holding Stayed Liens
The Division of Workers’ Compensation has published a digital list of entities that are believed to have filed liens on behalf of criminally charged providers.
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Published December 19, 2017
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Published October 27, 2017
Appellate Court to Review Five-Year Cap on TD Payments
The California Workers’ Compensation Institute has filed an amicus brief with the 4th District Court of Appeal arguing that the California Workers’ Compensation Appeals Board (WCAB) “judicially rewrote” a statutory cap on temporary disability duration when it awarded benefits to an injured worker more than five years after the injury occurred.
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Published September 28, 2017
Building a Sound Workers’ Compensation Case, Especially Concerning PD
All workers’ compensation practitioners know that they must conduct the proper due diligence and research to build a credible and legitimate case. Recent Noteworthy Panel Decisions (NPDs) can expose practitioner flaws as well as shed light on how to properly build and defend a case.
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Published September 25, 2017
Eric Barr of Inland Empire Earns a Take Nothing
Eric Barr, of our Inland Empire office, recently earned a take nothing on a diabetes claim.
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Published September 20, 2017
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Published September 7, 2017
CMS Names New Workers’ Compensation Review Contractor
The Centers for Medicare and Medicaid Services (CMS) has named a new Workers’ Compensation Review Contractor after some delay. Additionally, CMS also released figures for how much it recovered in Medicare conditional payments from primary payers in 2016.
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Published August 16, 2017
Joanne Thomas Gets Lien Disallowed in its Entirety
A lien claimant filed a lien in the amount of $21,850.30. SRTK President and CEO Joanne Thomas argued several points, and the court ultimately disallowed the entire lien.
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Published August 15, 2017
Kathleen Roberts of San Jose Obtains a Take Nothing
After a full day of trial, Managing Shareholder of our San Jose office, Kathleen Roberts, secured a take nothing for tortilla manufacturer Mi Rancho in Hayward.
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Published August 7, 2017
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Published July 27, 2017
How to Choose a Workers’ Comp Defense Attorney
There are certain things you should know when you choose your workers’ comp defense attorney and other attorneys associated therewith. The purpose of this article is to help you choose a workers’ comp defense attorney who proactively, as opposed to reactively, can help resolve your claims in a manner beneficial to the interests of the … Continued
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Published June 26, 2017
The Cumulative Trauma Claim
Cumulative trauma injuries are quickly becoming one of the more difficult areas of law for clients to deal with in California workers’ compensation claims.
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Published June 22, 2017
Tim Kinsey Quoted in Work Comp Central
SRTK’s Tim Kinsey was recently quoted in Sherri Okamoto’s Work Comp Central article “’Going and Coming’ Rule Doesn’t Apply to Worker Commuting Between Job Sites.” The article summarizes a California appellate court’s decision that denied benefits to a government-employed in-home caretaker who was injured while traveling between the homes of two clients. Although a judge … Continued
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Published June 1, 2017
Congratulations to Vahe Tchoukadarian of Our Inland Empire Office
Congratulations to Vahe Tchoukadarian in our Inland Empire Office for securing dismissals of two claimed injuries, saving our client from exposure to a large amount of benefits and expenses.
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Published May 5, 2017
Kathleen Roberts of San Jose Receives a Take Nothing Further
In the case of Angela Lua v. Mainstay in Santa Cruz County, Kathleen Roberts (San Jose office) secured an award at the Salinas WCAB that Ms. Lua take nothing further on her claim.
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Published April 27, 2017