Your Paycheck Stopped After a Serious Work Injury. Now What? Key Takeaways: Under California Labor Code § 4652, the day of injury generally counts toward the three-day workers’ comp waiting period, unless your employer paid you full wages for that day, in which case the clock generally starts the next
Why Lifetime Care Costs Remain Uncapped in California Birth Injury Claims Key Takeaways: No, in a California kernicterus case, lifetime care costs are generally not capped. MICRA’s limit in Civil Code § 3333.2 applies only to noneconomic losses like pain, suffering, and physical impairment. Economic damages, including future medical expenses,
How Medicare Set-Asides Affect Spinal Cord Stimulator Settlements in California Key Takeaways: No California statute requires a Medicare Set-Aside in every spinal cord stimulator settlement, but federal Medicare rules often make one a practical necessity when a Compromise and Release closes future medical care for a worker who receives Medicare
How MICRA Limits Pain and Suffering Damages After a Birth Injury Key Takeaways: California’s 2026 MICRA cap on non-economic damages for a non-fatal brachial plexus birth injury is reported to be $470,000 per defendant category, up from a $350,000 starting point under AB 35 (2022) that rises $40,000 each year
How California Law Treats a Missed Pulmonary Embolism in the ER Key Takeaways: You may be able to sue a San Bernardino emergency room for missing a pulmonary embolism if you can prove the ER fell below the standard of care and that this failure caused serious harm or death.
How Spinal Cord Injury Victims in San Bernardino Can Say No to a C&R Offer Key Takeaways: Yes, a San Bernardino worker with a spinal cord injury can generally reject a Compromise and Release (C&R) offer, and turning it down does not end the workers’ compensation claim. A C&R usually
When Your California Workers’ Comp Case Heads to a Settlement Conference Key Takeaways: In most California workers’ compensation cases, the mandatory settlement conference must be held no sooner than 10 days and no later than 30 days after a declaration of readiness to proceed is filed, under Labor Code §
When a Routine Gallbladder Surgery Leaves Permanent Damage Key Takeaways: Yes, California law may allow you to sue after a bile duct injury during gallbladder surgery, but generally only if a provider’s negligence caused the injury and not a risk that could not be avoided even with proper care. A
Linking Your Failed Back Surgery to the Work Injury That Started It Key Takeaways: To prove failed back surgery syndrome (FBSS) is tied to your job in California, you generally must show that your original spine injury was industrial and that the failed surgery and the pain or limits after
When an Insurance Company Reviews Your Doctor’s Treatment Request Key Takeaways: Utilization review (UR) is the mandatory process California employers and claims administrators use to decide whether a treatment your doctor requests is medically necessary, and it generally applies the same way to San Bernardino, Fontana, and Rialto claims. A
