Featured Articles from the Blog

Do I have a Workers’ Compensation Claim? Was I injured on the job?

DO I HAVE A WORKERS’ COMPENSATION CLAIM?  WAS I INJURED ON THE JOB? ARE JUMPING JACKS ENOUGH TO FIND INDUSTRIAL INJURY? Many workers have little or no experience with the workers’ compensation system.  They do not know what qualifies as a workers’ compensation injury.  In fact, many workers’ compensation claims are DENIED by the insurance company.  A denial is a very harsh reality for an injured worker and sometimes leads to that worker giving up on the claim.  Don’t give up on your claim as you may be eligible for medical care and disability payments! For example, the California Court of Appeals found a correctional officer’s injury while doing JUMPING… Read More »

Workers’ Compensation Medical Treatment: A Constitutional Right?

Past blogs have addressed the problems in workers’ compensation injured workers are having receiving medical treatment for their industrial injuries.  Independent Medical Review (IMR) is denying treatment in 85% of cases without a medical exam or right to court review.  The constitutional bargain that injured workers get medical treatment for industrial injuries with the right to judicial review looks broken. However, in Stevens v WCAB, the Court of Appeal has granted an injured workers’ appeal of a denial of medications and home care.  Ms. Stevens (a real injured worker with real and serious injuries!) contends that the IMR provisions have unconstitutionally abridged her right to appeal the denial of medical… Read More »

“Duty” of Reasonable Conduct

Some people perceive our courts as a monolithic system of black-letter rules of procedure and laws where justice is meted.  Nothing could be further from the truth.  In personal injury law, there is a constant tugging and pushing between those who defend money and those who are seeking compensation for injuries.  One of the greatest battlegrounds is “duty.”  There is constant conflict between those who understand there is a duty of reasonable conduct to others; while some believe they are not “free” unless they owe nothing to others. For instance, in a premises liability case in San Diego, a window sill was nearly a foot deep, inviting people to sit… Read More »