California Supreme Court Holds Dynamex ABC Test for Independent Contractors Applies Retroactively

In 2018, the California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court fundamentally changed the manner by which workers are classified as employees or independent contractors. The court found under the “suffer or permit to work” employee definition in all California wage orders, any worker who performs work for a business is…

Workers’ Comp COVID-19 Presumption Could Yield More Third-Party Lawsuits – Do You Have Coverage?

As we discussed in a recent blog post, Governor Gavin Newsom signed an executive order creating a rebuttable presumption that a California employee who contracts COVID-19, contracted it in the course of their employment and will be entitled to workers’ compensation benefits. The question left unanswered is how the rebuttable presumption will be applied in…

Mediation in Light of COVID-19

Without question, COVID-19 has changed the way lawyers practice law and businesses resolve disputes. Whether that change will be temporary or permanent is yet to be seen. At the present time, many courts in California are closed or offer severely limited access and have restricted the ability to file all but the most time-sensitive matters,…

Nick Roxborough Discusses Newsom’s Workers’ Comp COVID-19 EO in WorkCompCentral

As California begins its phase-by-phase reopening process Friday, Gov. Gavin Newsom’s executive order creating a rebuttable COVID-19 presumption has cast a shadow of uncertainty for insurance carriers and employers. Governor Newsom’s long-awaited executive order creates a rebuttable presumption stating that all employees who contract COVID-19 at their place of work while at the direction of…

New Coronavirus Presumption Likely to Increase Premium Costs for Employers

Yesterday, Governor Gavin Newsom signed an executive order creating a rebuttable presumption that a California employee who contracts COVID-19 contracted it in the course of their employment.  This would entitle the employee to workers’ compensation benefits, unless the employer successfully proved they did not contract it at work.  In a normal workers’ compensation claim, the…