Under LC3601, certain dependents are entitled to a presumption of total dependency. The presumption applies to minor children. SCIF v. WCAB (Asher) (1993) 58 CCC 760,762. It ensures that a child or spouse who is entitled to the presumption will be considered a total dependent regardless of the extent of actual dependency. Hubbell v. Thatcher[...]

In addition to the general definition of an employee for workers’ compensation purposes, there are more definitions as defined judicially. These employment relationships have the possibility, for various reasons, of including students, jurors, judicial branch employees, union members, workfare recipients, those that do community service instead of paying fines, homeowners association employees, and referral agencies.[...]

An employee can still receive workers’ compensation in some situations for an injury on the job even if they have not entered into an official contract of hire with the employer. What must be present is the knowledge that work being done for the employer was not gratuitous and that it benefited them in some[...]

Employees are usually classified so under contract of hire with an employer. This contract of hire can be oral or written, but would in most cases include consent of both the employer and employee for the job to be given and under what circumstances they are given under. The employee is considered to have accepted[...]

Any employee has the right to be awarded workers’ compensation for their medical expenses when injured on the job.An employee is classified as anybody that is appointed to a position within a company in either an oral or written contract. This also includes paid public officers and those that are appointed to their positions.

Employers, whether they are public or corporate, must follow certain rules in order to keep up with their responsibilities regarding employees such as securing workers’ compensation insurance. With regards to public employees, those that are injured by another public employee are not able to file a civil claim but only workers’ compensation claims. This is[...]

Workers’ Compensation Fraud is a serious subject because not only does it raise prices of workers’ compensation insurance coverage premiums for employers, but it also lowers legitimacy for employees that actually have been injured in the workplace. To be considered fraud one must either knowingly commit or help another commit any spoken, written, or material[...]

When it comes to relations between the employer and their insurer, sometimes the situation can get sticky. If the employer does not cooperate with the insurance company with proceedings on workers’ compensation claims, then the insurer has the right to opt out the employer and continue with all proceedings without needing approval from them. However,[...]

When an employer has a workers’ compensation insurance carrier they are responsible for not only covering the compensation but if a claim against the employer can possibly need coverage, then the insurance company has the responsibility to defend. If they do not carry out this duty to defend the employer, they can be subject to[...]

Claims adjusters, otherwise known as claims administrators, examiners, supervisors, or managers, have the responsiblity of investigating a workers’ compensation claim from an injured employee, working with the case for the duration, and getting the worker the compensation they deserve. Claims adjusters have to be qualified in the areas of establishing claims reserves, hiring professionals such[...]