In an en banc decision handed down on May 7, 2013, the Workers’ Compensation Appeal Board ruled in Martinez v. Terrazas that medical-legal expenses cannot be sought though the filing of a petition for costs under Labor Code Section 5811.

On May 8, 2013, the California Supreme Court heard oral arguments on Zhang v. Superior Court which presents the question whether an insurer may be sued under California’s Unfair Competition Law (UCL) for practices that are governed by the Unfair Insurance Practices Act (UIPA).

In a decision issued on May 1, 2013, the California Court of Appeal (Second Appellate District) ruled in Mt. Hawley Insurance Company v. Lopez that Insurance Code Section 533.5(b) did not preclude an insurer from providing it’s insured with a defense to federal criminal charges.

Guided by the California Supreme Court’s 2011 ruling in Howell v. Hamilton Meats & Provisions, Inc., the California Court of Appeal (Second Appellate District) has held that in a lawsuit seeking damages, the full amount billed for a plaintiff’s medical care is not relevant to determine future medical expenses and noneconomic damages.

The Division of Workers’ Compensation (DWC) has revised proposed regulations providing for the assessment of administrative penalties for Workers’ Compensation Information System (WCIS) reporting violations and posted them to the online forum where members of the public may review and comment on the proposal.

The California Supreme Court has announced that it will hear arguments on May 8, 2013, in San Francisco on the Court of Appeal’s 2009 decision in Zhang v. Superior Court, which held that an insurer may be sued under California’s Unfair Competition Law (UCL) for practices that are governed by the Unfair Insurance Practices Act (UIPA).

The California Court of Appeal (Sixth Appellate District) has ruled that the trial court was in error when it granted a defendant’s motion for summary judgment in a case where the plaintiff filed a negligence lawsuit against the defendant after the plaintiff received workers’ compensation benefits from the defendant’s insurer.

The California Supreme Court this week denied a petition filed by the Consumer Attorneys of California (CAOC) to depublish a Court of Appeal decision which held that the charges which an insurance company billed to its policyholders who paid their insurance in monthly installments were not part of the insurance premium.

Commissioner Jones announced the appointment of Robert Herrell as a Deputy Commissioner and Legislative Director effective April 1.

California Insurance Commissioner Dave Jones announced yesterday a general 10 percent fee increase for agents and insurance companies.

Join us April 16 for the 2013 California Legislative Action Day in Sacramento.

In a decision handed down on February 27, 2013, the California Court of Appeal (Second Appellate District) ruled that a lawsuit alleging negligence by a hospital was subject to the two-year statute of limitations for ordinary negligence rather than the one-year statute of limitations for professional negligence.

The Division of Workers’ Compensation (DWC) has issued notices of public hearings for the Independent Medical Review (IMR) and Qualified Medical Evaluator (QME) regulations.

The Division of Workers’ Compensation (DWC) has issued a notice of public hearing for the Independent Bill Review (IBR) regulations.

The California Supreme Court gave notice this week that it will review a Court of Appeal decision which held that an insurer whose policy provided coverage for an advertising injury had no duty to defend an insured whose advertisement did not disparage the plaintiff’s product.

In a unanimous opinion filed on January 24, 2013, the California Supreme Court ruled in Aryeh v. Canon Business Solutions, Inc. that the four-year statute of limitations in California’s Unfair Competition Law (UCL) is subject to the continuous accrual doctrine which holds that a cause of action accrues each time a wrongful act occurs, triggering a new limitations period.

In an opinion published on January 24, 2013, the California Court of Appeal (Fourth Appellate District) ruled in Reichert v. State Farm that the “law or ordinance” exclusion in a homeowners insurance policy applied when the insured’s house was demolished by order of a city.

In an en banc decision handed down on January 15, 2013, the Workers’ Compensation Appeals Board (WCAB) refused to exercise jurisdiction over an Arizona Cardinal football player’s workers’ compensation claim because the player had signed employment contracts with the Cardinals which provided that claims for workers’ compensation were to be filed in Arizona.

Thursday, California Governor Jerry Brown delivered his first State of State following passage of his tax increase initiative last fall, Proposition 30.

Governor Jerry Brown released his 2013-14 budget yesterday.

California State Senate President Pro Tem Darrell Steinberg (D- Sacramento) announced this week committee membership.

On December 31st, 2012, the Office of Administrative Law approved the California Department of Insurance’s (CDI) aftermarket parts regulation.

In a 6-1 decision handed down on December 31, 2012, the California Supreme Court held that the primary assumption of risk doctrine barred a negligence lawsuit against an amusement park for an injury that occurred on a bumper car ride.

The Office of Administrative Law has approved all of the emergency regulations submitted by the Division of Workers’ Compensation to implement SB 863.