WORK COMP LEGAL UPDATE

2023 WORK COMP SIGNED LEGISLATION

California Governor Gavin Newsom has signed three workers' compensation related bills into law which include:

PTSD: SB 623 extends to 1/1/2029 the presumption that PTSD is an occupational condition for some first responders, along with expanding the presumption to firefighters for the State Hospitals, Developmental Services, Veterans Affairs and Military departments.

Contractors: AB 336 requires contractors renewing their license with California's Contractors State License Board (CSLB) to certify the work comp class codes of the employees with the highest estimated reported payroll. However, the CSLB is not required to verify or investigate the accuracy of the information provided by the contractors.

Newsom also vetoed four (4) workers' compensation bills including a bill to exclude from the 104 week TD cap any TD paid during medical treatment disputes, and a bill that created numerous internal and skin cancer presumptions solely for San Diego firefighters.

[COMMENT: Gov. Newsom basically vetoed any "presumption" legislation whose need was not supported by clear and compelling evidence, no matter whether the bill was well-intended. The fate of other work comp bills on the Governor's desk should be known soon.]

GUARDIAN AD LITEM CASE

Ronald Theus v. Melody Express, UEBFT (9/7/2023) involved a truck driver who was killed in an accident, the employer was illegally uninsured with UEBTF providing benefits, and the surviving spouse served as the guardian ad litem for the children. An issue arose as to the role of the guardian ad litem after all the children had reached age of majority.

The WCAB concluded that once the last child becomes 18 years old, the guardian can be designated as a non-attorney representative with proper notice under 8 CCR 10401, otherwise the 18 year old applicant should be designated as being in pro per.

[COMMENT: The Stipulated Award provided that eventually all the benefits would go to the last child, so only that child's "legal status" was at issue.

Additionally, there was an issue about the Award being paid at "Max TTD rate" ; which is problematic language because unlike PTD benefits which have COLA increases for the entire life of the applicant, in death cases any COLA increases are eventually capped at two-thirds of the actual earnings at time of injury (Munson v. WCAB) (2012) 77 CCC 384].

CALIFORNIA 2024 MINIMUM WAGE

Pursuant to state law, California's own minimum wage will increase from $15.50 to $16 per hour for all employers effective 1/1/2024.

The increased minimum wage can impact the minimum TTD rate in 2024 because an injured worker cannot be paid at less than the minimum legal rate. For example, a worker making $15.75 x 40 hours = $630 AWW would be entitled to TTD at an adjusted rate of $420 per week in 2023; however, as of 1/1/2024 the TTD rate would increase to $16 x 40 hours = $640 AWW adjusting to $426.67 per week.

[COMMENT: This is before considering the impact of the TD rates likely increasing per SAWW, which will be announced in a few weeks.]

HEWS NEWS:

HEWS is a sponsoring law firm of the CSJPA Annual Conference in Anaheim next month addressing the issues facing Joint Power Authorities in Southern California. Attending from HEWS will be our JPA specialist, Senior Associate attorney Regina Rabanal.

October HEWS Work Anniversaries: Attorneys H. Neal Wells IV (34 years), Tina Sareen (26 years), and Farnoosh Karim (9 years). Also, legal support staff members Riah Siegman (19 years) and Elizabeth Aguirre (1 year).

Main Contributor: H. Neal Wells IV

Editorial Staff: Lynn P. Peterson

HEW&S OFFICES: COVERING ALL OF CALIFORNIA

San Bernardino (909) 890-0403 (sbr@hmplc.com)
Orange County (949) 250-1216 (ana@hmplc.com)
Glendale (818) 265-0940 (cxr@hmplc.com)
Calabasas (818) 348-8366 (cls@hmplc.com)

www.hmplc.com

The above is for informational purposes only, and not intended to constitute legal advice.