Some months ago, a decision by the California Supreme court had the labor community sit up and take note. The plaintiff accused a transportation company of wage and hour violations stemming from his service of driving his own truck for the defendant and his classifications as an independent contractor. The court based its ultimate decision on the Dynamex ABC test rather than the Borello Test, which is a multifactor test used to determine employment status for workers' compensation purposes and all matters unrelated to wage orders.
In the medical sense of the word, "rehabilitation" refers to rehabilitative care like physical therapy to help an injured worker overcome an injury. However, there is also vocational rehabilitation, which has an altogether different meaning. The latter is a benefit offered by the California workers' compensation to victims of debilitating occupational injuries who are unable to return to their usual jobs.
Although commercial trucks in California are regarded as dangers on the roads, the operators of these vehicles provide an essential service by ensuring the shelves of stores are filled with everything consumers want. However, few people realize how hazardous it is to be a trucker. Fortunately, the California workers' compensation insurance program is fully aware, and it covers the many injuries and illnesses commercial truck drivers suffer.
For weeks now, the California Division of Occupational Safety and Health has been reminding business owners of their responsibilities to protect employees from heat-related illnesses. These reminders typically focus on employers in construction, landscaping and agriculture from where many workers' compensation claims originate. However, the hospitality industry with facilities that have outdoor entertainment areas must not be forgotten. These could include children's play areas, patio dining establishments and sidewalk shopping venues.
On July 1, 2018, the Musculoskeletal Injury Prevention Program (MIPP) will become effective. This is a rule, approved on March 9, that requires establishments in the hospitality industry in California to create a program to address housekeeping hazards and then implement and sustain it. According to the California Workers' Compensation Information System, the average increase in injury claims by housekeepers is almost 900 every year.
If there is one situation in which no worker in California would want to be, it is being unable to return to his or her regular job after suffering a debilitating injury. Fortunately, the workers' compensation insurance system has several methods of assisting injured employees. One of which is the supplemental job placement benefits program, known as SJDB.
The California Department of Public Health reports that 586 cases of Hepatitis A have been reported in the San Diego area as of March 23. They say 401 people have been admitted to hospitals, and 20 have succumbed to the disease. Monterey and Los Angeles are included in other affected areas. Hepatitis A -- a disease covered by the workers' compensation system -- is similar to Hepatitis B and C in as far as it is an infection of the liver and highly contagious.
The California Division of Occupational Safety and Health received notice of a recent construction site accident in Ventura County. Injuries that sent a 62-year-old employee to the hospital will likely lead to a workers' compensation benefits claim. Authorities say the incident occurred on a recent Tuesday.
Working outdoors in California during the summer can be more than uncomfortable - it can be dangerous, even fatal. Our state has numerous occupations that do not take time off just because the temperature rises. Having to maintain productivity outdoors when the temperature climbs into the triple digits puts workers at risk of dehydration, heat stroke and other heat-related illnesses that can cause serious injuries or death.
Employees whose primary job duty is driving may find themselves in a gray area of sorts when they suffer an injury. Because you do not work at a fixed job site and because you are often under supervision, you might wonder how to go about dealing with an injury that results from an auto collision or other incident. There are a few things that every company driver should know if they are in such a situation.