When a Workplace Injury Ends Your Working Life for Good Key Takeaways: Under California Labor Code § 4662, permanent total disability can be established through conclusive presumptions in § 4662(a) or "in accordance with the fact" under § 4662(b), which typically requires more than a high impairment number. Labor Code
Why Severe Burn Cases Deserve More Than the Standard Two Years of Wage Replacement Key Takeaways: California workers’ compensation law generally caps temporary disability at 104 compensable weeks within five years, but Labor Code § 4656(c)(3) extends that cap to 240 compensable weeks for catastrophic conditions, including severe burns. To
The Two-Year Limit Most Injured Workers Hit, and the Narrow Exception That Changes Everything Key Takeaways: Most California workers are limited to 104 weeks of temporary disability benefits within five years of the date of injury under Labor Code § 4656(c)(2), but a narrow exception in § 4656(c)(3) extends that
When a Workplace Injury Ends Your Ability to Compete in the Labor Market Key Takeaways: California Labor Code § 4662 defines permanent total disability, conclusively presuming it for catastrophic injuries including loss of both eyes or hands, practically total paralysis, and brain injury causing permanent mental incapacity. A 100% rating
When a Cancer Diagnosis Comes Too Late Key Takeaways: A delayed cancer diagnosis qualifies as medical malpractice in California when a provider falls below the accepted standard of care and causes real harm. The central question is whether a reasonably careful physician would have caught the cancer sooner. Plaintiffs must
Understanding Fatal Surgical Errors and Your Family’s Right to Justice Key Takeaways: In San Bernardino, the right to file a surgical error wrongful death claim belongs to specific people defined by California Code of Civil Procedure § 377.60: surviving spouse, domestic partner, children, issue of deceased children, and the estate’s
Understanding Your Right to Seek Justice After a Birth Injury Key Takeaways: In San Bernardino, the right to file a birth injury medical malpractice claim depends on who was harmed and whether they survived. Injured children, mothers, or both can seek compensation from negligent providers. Parents file on behalf of
Understanding Your Rights After a Serious Spinal Injury on the Job Key Takeaways: Yes, San Bernardino workers can settle a spinal injury claim in a way that accounts for future medical care. California law offers two paths: a Compromise and Release, which provides a lump-sum payment that typically closes future
