Workers' Compensation

Recent Posts

California Workers' Comp Case Roundup (11/1/2014)
Posted on 1 Nov 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 10 October 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More

Tags: hirer's liability , Discrimination , attorney's fees , contractor's employees , retained control , California workers compensation , motion to strike , third party actions , anti-SLAPP , interactive process , Fair Employment and Housing Act , termination , utilization review , failure to accommodate , res judicata , independent medical review

Workers’ Compensation, Return to Work, and the Americans with Disabilities Act
Posted on 8 Apr 2015 by Roger Rabb

Best practices for complying with the spirit and law of the Americans with Disabilities Act as amended in 2009 Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Employers dealing with injured workers... Read More

Tags: civil rights , essential functions , accommodation , Return to Work , disability , work restrictions , undue hardship , Americans with Disabilities Act , Equal Employment Opportunity Commission , interactive process , Workers compensation , reasonable workplace accommodation , reasonable accommodation , light duty , loss of essential functions

California Employee’s Failure to Indicate Her Intention to Return to Work Cuts Off Interactive Process
Posted on 21 Jul 2010 by Goldman, Magdalin & Krikes, LLP

The California Fourth District Court of Appeal’s recent ruling in Milan v. City of Holtville , filed July 15, 2010, is a prime example of the cross-over between workers’ compensation administration and employment laws concerning disability... Read More

Tags: Case Law Developments , California , interactive process , FEHA

Importance of Engaging in Interactive Process Emphasized by Recent Trial Court Verdicts
Posted on 21 Mar 2010 by Goldman, Magdalin & Krikes, LLP

A recent $1.5 million jury verdict in a Northern California Federal Court, applying the California Fair Employment and Housing Act to a Tennessee Corporation doing business in California, found that the Defendant retailer had failed to engage in the interactive... Read More

Tags: accommodation , disability , California , work restrictions , interactive process , FEHA , Fair Employment and Housing Act , Workers compensation , Goldman Magdalin

California: The Reasonable Accommodation Process Done Right
Posted on 21 Jan 2011 by Goldman, Magdalin & Krikes, LLP

In the recent (unpublished) decision by the California Court of Appeal, Moore v. California Surety , 2011 Cal. App. Unpub. LEXIS 117 (Cal. App. 4th Dist. Jan. 7, 2011) , the Court held that the employer’s handling of the interactive process and... Read More

Tags: Moore v. California Surety , Return to Work , disability discrimination , Goldman Magdalin & Krikes , interactive process , good faith , reasonable accommodation , essential duties , light duty

California Employee Must Request Accommodation to Trigger Interactive Process
Posted on 16 Jul 2010 by Richard M. Jacobsmeyer

The 4th District Court of Appeals has reversed a 6 figure award for employment discrimination in a FEHA claim arising from a work related injury to a water plant treatment worker who was unable to return to her usual and customary job. The Court ruled... Read More

Tags: Case Law Developments , accommodation , California , interactive process , FEHA