Privacy & Employee Drug Testing
- December 6th, 2012
- Tom Richard
- No comments
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
- November 26th, 2012
- Tom Richard
- No comments
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
- October 12th, 2012
- Tom Richard
- No comments
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…
Study Shows Obesity Increases Workers’ Comp Costs
- July 12th, 2012
- Tom Richard
- No comments
A recent study published by the National Council of Compensation Insurance (NCCI) concludes that in workers compensation claims where the claimants have a co-morbidity code indicating obesity, medical costs are significantly higher than what is observed for comparable non-obese claimants….
Are Pools and Gardeners Medical Treatment?
- December 7th, 2011
- Tom Richard
- No comments
In the kind of case that boggles the mind and fires-up some state legislatures to reform their Workers’ Compensation laws, a Van Nuys judge awarded an applicant the services of a housekeeper, gardener, pool serviceman and penalized the employer under Labor Code…
“Reverse” Almaraz/Guzman applied
- November 11th, 2011
- Tom Richard
- No comments
In a decision after reconsideration a WCAB panel has rejected a 15% PD award to the right knee based on the AME’s standard rating under the AME Guides as outlined in his report. Instead, the WCAB focused on the AME’s…
Employer Wins Post-termination Defense, Despite Exceptions
- September 26th, 2011
- Tom Richard
- No comments
A WCAB panel rescinded a trial judge’s award to an automobile salesman who after he was terminated claimed he had previously injured his back when a chair rolled out from under him while he was sitting down. The employer raised the “post-termination…
Did a Comp Award Lead to a Fraud Conviction?
- March 29th, 2011
- Tom Richard
- No comments
Daly City Councilwoman and former mayor Maggie Gomez pleaded no contest to charges of workers’ compensation fraud, as reported by the Associated Press and several California news outlets. She is scheduled to be sentenced in San Mateo Superior Court on…
“Pot Luck” at Workplace Causes Injury
- November 9th, 2010
- Tom Richard
- No comments
A recent case dealing with injuries that occur during compensated breaks, especially when they occur on company property, found injury to have occurred in the course of employment or “COE.” In the case of Bank of America v. WCAB (Christine…
The Scope of Discovery in Psyche Claims is Broad
- July 2nd, 2010
- Tom Richard
- No comments
When an applicant raises psyche as an issue the defendant is entitled to ask all reasonable questions regarding the applicant’s history that might lead to the discovery of relevant evidence. Eutsey v. City and County of San Francisco. A WCAB panel noted…