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A BREAK ON THE HORIZON

This month California has been wet, to say the least.  An unrelenting series of storms has pounded our state since the end of December, leaving

‘TWAS THE NIGHT

As our calendar year comes to an end, we hope that you all reflect on the promise that 2022 has brought to each of our

A NOVEMBER TO REMEMBER

On August 3, 1990, President George H. W. Bush declared the month of November as National American Indian Heritage Month, which is now more commonly

LEGISLATIVE UPDATES

SB 1127 – Changes to Labor Code Sections 4656, 5402, 5414.3 AB 1751 – COVID-19 Presumption and Updates SB 1127 On September 29, 2022, Governor

IN CELEBRATION OF OUR ANCESTORS

National Hispanic Heritage Month initially began as a weeklong celebration in 1968, under President Lyndon Johnson.  In 1988, President Ronald Reagan extended this from September

A LABOR OF LOVE

Wherever you stand on the pumpkin spice latte debate, we can all agree that fall has arrived.This month, we also celebrate Labor Day, which became

SUMMER TRENDS

With the end of summer fast approaching, we hope that you all have had ample time to step away from your desks to soak up

HAPPY 246TH BIRTHDAY AMERICA!

We at Mullen and Filippi hope you gathered around friends and family for a safe and healthy Independence Day Weekend.  With the cookouts and festivities

IN RECOGNITION OF FREEDOM

Juneteenth is a federal holiday in the United States commemorating the Emancipation Proclamation and has been celebrated in various parts of the country since 1865. 

MAY WE TAKE CARE OF OURSELVES

May is Mental Health Awareness Month.  Since the start of the pandemic, millions of people have felt the toll of stress, isolation, and uncertainty on

RETURN TO WORK OPTIONS: BACK TO BASICS

Employers often surmise that an offer of modified work is not necessary or can be made informally. As the cases noted above show, the best defense is always to make a written offer, on the required forms if necessary, that outline the physical duties anticipated. Documentation of the employer’s efforts to accommodate an injured worker will assist the attorneys at Mullen & Filippi in defending against unreasonable demands for TD and vouchers and will result in an overall cost reduction in litigated cases.

THE STORY OF THE SEASONAL WORKER AND TEMPORARY DISABILITY

Though Jimenez and Ochoa reach the same conclusion, the distinction is an important one. If Jimenez is correct and seasonal employees with no off-season earnings had a temporary disability rate of zero for the off-season, the entire off-season of temporary disability paid at the rate of zero would arguably count toward the 104-week temporary disability cap. On the other hand, under Ochoa that is not the case; during the off-season such employees are simply not entitled to temporary disability and the cap is not implicated.

WHERE IS THE PROOF (OF SERVICE)

In summary, if the issue arises regarding disputed receipt of documentation, the substance of the proof of service may be worth litigating. Precedent in the form of the Cavanaugh case gives the WCAB framework for finding in favor of the party who served the documents with an endorsed proof of service, however, there are arguments to be made that the law is not settled on this issue.