Issue 126 – August 2022
NEWS: WORTHY
2022 Workers’ Compensation Symposium Review
The symposium began with a presentation from Dave Thomas, the Managing Partner of Hanna Brophy’s Riverside office. Dave addressed “Managing the CalPERS Industrial Disability Process” and informed attendees about the many complexities in dealing with CalPERS. He also shared the results of a recent CalPERS audit, which outlined the deficiencies in how some employers transition an employee from active employment to retirement following a career-ending injury.
The attendees also heard from Jessica Tyndall and Jeremiah Heisler, both from Goldman, Magdalin & Krikes, who presented on “Navigating Legal Challenges Associated with PTSD Claims.” They discussed the increase in PTSD claims since a presumption was enacted on January 1, 2020, and identified who is specifically covered by the presumption and how to dispute it legally.
Jeff Rush, the Authority’s Workers’ Compensation Program Manager, provided a legislative update, addressing 12 current bills, some of which are no longer active. A particular focus was given to SB 1127, which continues through the legislative process and would fundamentally change how presumption claims are handled.
Joshua Goldsmith, a partner with Siegel, Moreno & Stettler, closed the symposium with a detailed discussion of the numerous recent cases involving employer liability. He addressed Ek vs. See’s Candies and Kuciemba vs. Victory Woodworks. The California Supreme Court has accepted the Kuciemba case, although oral arguments have not yet been scheduled.
If you have questions about this year’s Symposium or ideas for next year’s event, please contact Workers’ Compensation Program Manager Jeff Rush.
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