Ron Mahurin

Sub Rosa, or more commonly video evidence, is often obtained by the employer in a WC case. In Suezkai vs Superior Court 58 Cal. 2d 166 (1962) the court found that video is not protected by the attorney client privilege to prevent “surprise.” Twenty years later in Downing the appeals court held ...

Northernworkerscomp.com///(Pena v. Aqua Systems (February 23, 2019) 2019 provides some hope for injured workers embattled with insurance providers. In Pena the applicant filed a penalty for late payment of medical mileage, something that is endemic in workers compensation cases. At trial Pena wa...

Northernworkerscomp.com///An issue that pops up time and time again is whether or not an injured worker is entitled to one day of Total Temporary Disability, TTD, for taking time off to attend a medical appointment. While it is certain that an employee is entitled to TTD when unable to work, the...

Northernworkerscomp.com /// Over payment of Total Temporary Disability (TTD) is an issue that plagues many injured workers when they try to settle their claim because the adjusting agencies are careless. Often TTD continues even when there are reports finding an injured worked Permanent and Stati...

Enrique Herrera vs WCAB (ADJ4258585) (June 2018) OXN is interesting for several reasons. First the WCAB reversed the WCJ and found that two distinct injuries should be combined for rating purposes because they “cannot be parceled out,” language that was used in the important case of Benson vs WCA...

Northernworkerscomp.com///For every wrong there is a remedy. That is what a court of equity is supposed to consider, and workers compensation cases are courts of equity. One area requiring equity is the Panel QME process. There has been a great deal of litigation regarding Ex Parte communicatio...

Northernworkerscomp.com/// Independent Contractor vs employee. The law regarding whether a worker is an employee or independent contractor is complex. Multiple state and federal agencies have their own criteria for determining the difference. California Labor Code Section 3357 presumes everyone...

Northernworkerscomp.com /// In a March 2019 opinion, Khachatrain vs WCAB a WCAB Panel issued an opinion that Labor Code Section 5402 does not apply to psyche claims. LC 5402 provides that defendants have 90 days to accept or deny a claim and if the claim is not denied within 90 days it is presu...

Northernworkerscomp.com ///In Recor Transportation vs WCAB, 66 Cal Comp Cases 1136 (2001) the Second Appellate District found Jurisdiction for a truck driver who had a heart attack while driving outside California even though he spent only 9% of his time in California. Of significance is the fact...