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Dubon reversed by the WCAB

Dubon reversed by the WCAB

The Appeals Board has issued an en banc decision addressing the WCAB’s jurisdiction to resolve medical disputes and the role of the statutory IMR process. Sound familiar? That’s because it is—the WCAB recently issued a new en banc Opinion and…

Third District Weighs in on Almaraz/Guzman

Third District Weighs in on Almaraz/Guzman

The California Court of Appeal, Third District, recently weighed in on rating by analogy pursuant to the Almaraz/Guzman decision. In City of Sacramento v. WCAB (Cannon), the applicant was suffering from plantar fasciitis, a painful foot condition which does not…

Privacy & Employee Drug Testing

Privacy & Employee Drug Testing

This is the third and final in a series of posts regarding medical privacy issues in the workplace. This post concerns drug testing. An employer with a compelling business interest and a written policy prohibiting drug use or being under…

Using Fitness For Duty Exams

Using Fitness For Duty Exams

This is the second in a series of posts regarding medical privacy issues in the workplace. This post concerns the handling of fitness-for-duty exams. Fitness-for-Duty exams are allowed notwithstanding constitutional, statutory and common law privacy protections, so long as they…

Handling Employee Medical Records

Handling Employee Medical Records

This is the first in a series of posts regarding medical privacy issues in the workplace. This first post concerns the handling of medical documents. Both the ADA and FMLA dictate that any information related to an employee or job…

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