Workers Compensation

California Labor Code section 132a makes it unlawful for an employer to discriminate against a worker for filing a workers’ compensation claim or for having a job-related injury. This section of the law is designed to protect injured workers from retaliation and to ensure that they can exercise their legal rights without fear of being…

The Electronic Adjudication Management System (EAMS) is California’s case management system for handling workers’ compensation disputes. It is used by the Division of Workers’ Compensation (DWC), judges, attorneys, claims administrators, and other parties to file documents, schedule hearings, and track case activity. While injured workers do not file directly into EAMS, it plays a central…

The Disability Evaluation Unit (DEU) is a division within California’s Division of Workers’ Compensation (DWC) that reviews medical reports and calculates permanent disability ratings. These ratings are used to determine how much compensation an injured worker may receive for a lasting impairment resulting from a work-related injury or illness. The DEU plays an important role…

In a California workers’ compensation case, the term disability refers to how a job-related injury or illness affects a worker’s ability to earn wages. Disability is not just about a medical condition—it is about whether the injury limits or prevents the worker from performing their job and earning income. California workers’ compensation law recognizes two…

The Description of Employee’s Job Duties, also known as DWC Form AD 10133.33, is a form used in California workers’ compensation cases to document the physical and mental requirements of an injured worker’s job. It is used during the return-to-work process when a worker has permanent restrictions that may affect their ability to perform their…

In a California workers’ compensation case, a denied claim means the insurance company or self-insured employer has decided that it is not legally responsible for providing benefits for your injury or illness. This may apply to the entire claim or only certain parts of it, such as medical treatment or disability payments. A denial does…

In a California workers’ compensation case, a commutation refers to the process of converting future disability payments into a lump-sum payment. This means the injured worker receives a portion of their award all at once instead of through weekly or biweekly payments. Commutations must be approved by a workers’ compensation judge and are typically used…

A Compromise and Release (C&R) is a type of settlement agreement used in California workers’ compensation cases. When an injured worker and the insurance company agree to resolve the claim, a C&R allows the injured worker to receive a lump-sum payment in exchange for closing the case permanently. This includes giving up the right to…

A cumulative injury, also referred to as a CT injury in California workers’ compensation cases, occurs when repetitive work activities over time lead to a physical or mental condition. Unlike a specific injury that results from a single event, a cumulative injury builds gradually and may not be noticed right away. These injuries are common…

In a California workers’ compensation case, the date of injury is a critical detail. It determines when benefits may begin, how long you have to report the injury, and which laws apply to your claim. The date of injury is not always the same in every case, it depends on the type of injury and…