Vol. 6, Issue 32

Find Solutions & Strategies August 10, 2015

WCAB Finds Section 132a Trumps a Collective Bargaining Agreement

In This Issue

* § 132A DISCRIMINATION

* HOME HEALTH CARE; JULY CCC CITES NOW AVAILABLE

* NEWS: Dougle-digit premium rate growth

* eNEWSLETTER ARCHIVES

A Note From the Editor

wcab finds section 132a trumps a collective bargaining agreement

How the WCAB resurrected 132a in a sick leave case

In Rivera v. County of Alameda, 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ's finding that the employer, the County of Alameda, violated Labor Code § 132a by precluding the applicant, a juvenile institutional officer who suffered an industrial left knee injury on 10/17/2011, from using her accrued sick leave to supplement her temporary disability benefits or for medical appointments related to her industrial injury. The applicant showed that the employer's Memorandum of Understanding governing the terms of her employment allowed non-industrially injured employees, but not those with industrial injuries, to use accrued sick leave as a supplement to income replacement scheme and for medical appointments...read more.

california compensation cases

Defendant Can't Unilaterally Terminate Home Health Care Services Without Evidence of Change in Applicant's Condition or Circumstances: Cal. Comp. Cases Advanced Postings (8/5/2015). Lexis.com and Lexis Advance online subscribers can read it.

Cal Comp Cases

July Cal. Comp. Cases Cites Now Available. Lexis.com and Lexis Advance online subscribers can read it.

california news headlines

CA: WCIRB Report Shows Double-Digit Rate Growth for Premiums.

CA: Side Agreements in WC Policies Often Not Detected by "Regulatory Radar."

CA: WCIRB Governing Committee Posts Aug. 12 Meeting Agenda.

CA: Governor Appoints Work Comp Expert to Fraud Assessment Commission.

CA: DWC Medical Unit Accepting Applications for Oct. 17 QME Examination.

CA: Governor Appoints Six to Occupational Safety and Health Standards Board.

CA: Legislative Request for Studies on DIR, DOSH Safety Inspections (p.27).

CA: Insurance Dept. Awards $34.9M in Grants to Fight Workers Comp Fraud.

GAO Blasts SSA for Inability to Detect Concurrent FECA Payments.

Private Investigators Say Drones Useful in Uncovering Workers Comp Fraud.

Federal Judge to Rule in Coming Weeks on Uber Class Action Certification.

Opioid Use Linked to Poor Outcomes in WC Patients Having Discogenic Fusion.

Senator Kaine Introduces Bill to Combat Prescription Drug Abuse, Doctor Shopping.

Study: Companies That Value Employee Safety, Wellbeing Yield Greatest Rewards.

OSHA Releases Guide on Training Requirements for Five Major Industries.

ProPublica, Yelp Analyze Customer Reviews of Health Care Providers.

eNewsletter archives

Take a deep dive into our past eNewsletters for 2015 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

August 3, 2015: Timely Utilization Review: WCAB Strictly Applies Bodam Rule.
July 27, 2015: QME Selection Process; SDJB Vouchers.
July 20, 2015: Diagnostic Testing: Medical Treatment or Medical-Legal Expense? (Part 2).
July 13, 2015: Apportionment in Ortho, Psyche and Internal Cases.
July 6, 2015: Angelotti Challenge Fails.
CLICK HERE TO ACCESS 2010-2015 ARCHIVES.

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