California

Vehicle Code 23152a vs 23152b? A former DA Explains the DifferenceWatch this video on YouTube California Vehicle Code § 23152(b) VC makes it automatically (“per se”) illegal to drive a motor vehicle with a BAC at or above 0.08%. DUI is typically a misdemeanor, and the penalties grow harsher with each conviction. The following flowchart …

"Can a pharmacist have a criminal record?" — California State Board of Pharmacy DisciplineWatch this video on YouTube California pharmacists convicted of misdemeanor or felony crimes substantially related to their professional duties will likely face an accusation of discipline with the State Board of Pharmacy. This triggers an administrative hearing to determine whether the license should …

Nuestros abogados de defensa criminal defienden a clientes con cargos de drogras y narcóticos en Los Angeles, San Bernardino, Riverside, Ventura y el condado de Orange. También asistimos a clientes con sentencias alternativas de cárcel y programas de rehabilitación de drogras bajo la Proposición 36 de California, el Codigo Penal (PC) 1000 desviación (entrada aplazada …

Fighting a DUI case almost always makes more sense than simply pleading guilty. For example, did you know that: More than 100 interfering substances, medical conditions and equipment malfunctions can cause DUI breathalyzers to generate falsely high readings? DUI blood testing is prone to error. When we re-test clients’ blood samples at independent laboratories, we frequently …

The concept of apportionment in workers’ compensation applies when an employee has multiple injuries, some work-related and some not, or a single injury that may have both work-related and non-work-related causes. A determination must be made as to what percentage of the injuries the employer bears responsibility for. Permanent disability for each injured part of …

Employees who sustain carpal tunnel syndrome (CTS) injuries due to job-related activities are entitled to workers’ compensation benefits. These benefits may include medical care, temporary disability, permanent disability, compensation for lost wages, and job displacement benefits. CTS is an injury to the median nerve in the wrist caused by engaging in repetitive motion such as …

In the context of California workers’ compensation law, an injury is considered cumulative when it includes: “repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment.” Cumulative trauma is contrasted with a specific injury, which is an injury arising out …

A Findings and Award is a judge’s determination based on the evidence that you are entitled to workers’ compensation benefits. There has to be a trial for there to be a Findings and Award. Your case can end in other ways. A Findings and Order is a judge’s decision that no benefits are due. A …

Firefighters who suffer work-related injuries are entitled to workers’ compensation benefits in California. Moreover, the state has special rules that make it easier for firefighters to get benefits for medical conditions that might not be considered work injuries if they were sustained in another job. It is important to understand: Who is considered a firefighter The additional …

California law requires companies to provide workers’ compensation benefits to W2 employees. Independent contractors, on the other hand, are generally not covered under workers’ compensation. That said, the reality is that many employees are improperly classified as independent contractors. To find out whether you are an independent contractor or employee you should understand: Why independent …

Light or modified duty is a temporary adjusted work assignment given to a worker injured on the job in order to accommodate his or her physical limitations while recovering from the injury. In workers’ compensation cases, employees are expected to remain on the job if it is determined they can safely perform the modified duty. Modified …

A mandatory settlement conference (sometimes called an MSC hearing) is a workers’ compensation hearing that allows you (the injured worker) and the insurance company to discuss disputed issues and if necessary, set the case for trial. You and the insurance company fill out a joint statement called a Pretrial Conference Statement that lists agreed and …

A med legal report is a medical evaluation of an injured worker by an independent doctor to resolve a disputed issue in a treating doctor’s report. The dispute can be related to the cause of injury, parts of the body injured, temporary disability, or permanent disability. The med legal doctor does not provide treatment. The …

Updated March 7, 2022 Medical Provider Networks (MPNs) are a group of doctors approved by a workers’ compensation insurance company to provide treatment to injured employees. Injured workers will generally have to be treated by a doctor within the workers’ compensation medical provider network. The only exceptions are if: the employer or insurance company does …

In a California workers’ compensation case, an insurance company must pay penalties to an injured worker when it fails to make timely benefit payments. The late payment penalty is generally between 10% and 25%, depending on the benefit and the reason for the delay. There are two penalty provisions in the California Labor Code: § …

The permanent and stationary date is a medically determined date when an injured worker’s condition has stabilized and is unlikely to improve. At this time the injured worker can be evaluated for permanent disability from his or her injury. An injured worker is not entitled to temporary disability benefits after the permanent and stationary date. …

An employee who is laid off or fired may be denied workers’ compensation benefits by the employer if an injury is not reported before the employee is terminated. The method used by the employer to deny benefits in this situation is called the “post-termination defense“. There are exceptions to the post-termination defense, and the employee …

In workers’ compensation cases, a psychiatric injury is a mental disorder that is determined to be at least 50% caused by work. It requires medical treatment or causes disability. Generally, an employee with a psychiatric injury must: have worked for the employer for six months or longer, show that work activities/work environment were greater than …