Categories
Employment Law Legal Topics New Legal Developments

Does No Physician Report Mean No Supplemental Job Displacement Benefit?

The following is a guest blog post by Michael W. Sullivan of Michael Sullivan & Associates LLP, an aggressive workers’ compensation defense firm with offices throughout California. Mr. Sullivan is a bar-certified Specialist in Workers’ Compensation Law.

An employee who suffers residual effects from an injury and can’t return to work is entitled to a supplemental job displacement benefit. The benefit comes in the form of a nontransferable voucher, and often is simply referred to as the “voucher.” An employer’s duty to investigate liability for the voucher is triggered by a Physician’s Return to Work & Voucher report (RTW Report). If there’s no RTW Report, does that mean an employer can’t be liable for the voucher?

Categories
Civil Litigation Discovery Legal Topics

How to Get California Public Records

The usual discovery requests don’t always get you what you need. Sometimes you’ll do better seeking a public record under the California Public Records Act (Govt C §§6250–6276.48). 

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Business Law Legal Topics New Legal Developments

What to Know Before Selling Food Made at Home

The cottage food industry—small batch food production from home—is growing, as are the related laws and regulations. Here’s what those who want to get in on the trend need to know.

Categories
Family Law Legal Topics

Does Child Support Change When Life Changes?

When a parent who pays child support loses a job or lands a much higher paying job can you get the child support order modified?

Categories
Evidence Legal Topics Litigation Strategy Trial Strategy

The Danger of Refreshing Recollection

Sometimes a witness needs documents to refresh his or her recollection. This can lead to a tough choice for attorneys.

Categories
Employment Law Legal Topics New Legal Developments

Are There Consequences to Taking the Fifth in a Workers’ Comp Case?

The following is a guest blog post by Michael W. Sullivan of Michael Sullivan & Associates LLP, an aggressive workers’ compensation defense firm with offices throughout California. Mr. Sullivan is a bar-certified Specialist in Workers’ Compensation Law.

The Fifth Amendment protects a person from answering “official questions in any other proceeding, civil or criminal, formal or informal, where he or she reasonably believes the answers might incriminate him or her in a criminal case.” Spielbauer v County of Santa Clara (2009) 45 C4th 704, 714. This includes workers’ compensation proceedings. But does invoking the Fifth Amendment have any consequences for an injured worker?

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Civil Litigation Legal Topics Legal Writing New Lawyers

4 Tips for Writing Better Briefs

Regardless of the subject matter and whether it’s a criminal or civil issue, these four tips will help you draft the strongest brief possible.

Categories
Estate Planning Legal Topics

Why You Shouldn’t Designate Cotrustees

When parents are considering whom to designate as successor trustee to administer their trust upon their death, they often consider making their adult children cotrustees. This may eliminate the parents’ stress of choosing among their children, but it often creates other stress for the children who are designated. It’s generally well-intentioned, but often a bad idea.

Categories
Legal Topics Public Law

How to Prepare a Writ Petition for Superior Court

Regardless of whether you go with the noticed motion procedure or the alternative writ procedure, when initiating a writ proceeding in superior court you start with a writ petition. Here’s how you draft one.

Categories
Business Law Legal Topics

Should You Dissolve an LLC When the Business Is Wrapped Up?

Dissolving a limited liability company (LLC) when the business is done has some clear benefits, but is the liability exposure worth it?