PRACTICE AREAS

When a worker has an injury, California has a structure of laws designed to provide benefits to that injured worker. These laws are referred to as workers’ compensation, and the laws define the benefits, identify the parties, and dictate the manner and method for dispensing benefits. When there is a dispute over the benefits or the injury itself, an employer and employee may find themselves in conflict.  These controversies are thereafter resolved through either negotiation or trial, and the practice of representing the employer side is referred to as workers’ compensation employer defense.

The firm’s attorneys have successfully represented clients in coverage disputes, including arbitrations and mediations.

Labor Code section 132a makes it a misdemeanor for an employer to discriminate in any way, including discharge or threat of discharge, against an employee who has filed or is thinking about filing a workers' compensation claim or an employee who has received a workers' compensation award.

Certain types of government employees can be entitled to presumptions and additional benefits. We are well versed in the relevant procedures, issues, and defenses for peace officer and other goverment employee claims.

In a claim for serious and willful misconduct, the compensation benefits increase by 50%. See Labor Code § 4553. In order to prevail an employee must show:

1. There was a violation of a safety order;

2. The violation of the safety order was the proximate cause of the injury; and

3. The employer had knowledge of the dangerous condition, or that the condition making the safety order applicable was obvious, created a probability of serious injury, and that the failure of the employer to correct the condition constituted a reckless disregard for the probable consequences.  

Subrogation refers to the process an insurance company uses to seek reimbursement from the responsible party for a claim.