CHANGES IN THE LAW

Our office will do its best to keep you updated on changes in California state laws regarding Workers' Compensation, Social Security, and Personal Injury.

Worker's Compensation

NEW WORKERS' COMPENSATION BILL

Currently, California's workers' compensation law is in a state of reform. Last year AB 749 and 486 were signed into law by Governor Gray Davis and took effect January 1, 2003. The long awaited changes provided for increases in temporary and permanent disability benefits, the first significant increases in almost twenty years. The new law also provided for changes in procedural rules at the Workers' Compensation Appeals Board that would allow for more efficient management of cases.

Now, due to the political upheaval fueled by the recall initiative, additional changes are taking place. On September 30, 2003 Governor Davis signed the workers' compensation reform legislative package including bills SB 228 and AB 227. The new law, among other things, provides for cuts in medical care, vocational rehabilitation, and other worker benefits, and is expected to create savings of over $4 billion. The law will take effect January 1, 2004.

Social Security

CURRENT STATUS

When will you be considered "disabled" by the Social Security Administraton?

You are considered "disabled" and entitled to disabled worker's benefits if you meet the following conditions:

1. You cannot engage in any substantial gainful activity (usually over $740.00 per month) because of a physical or mental impairment. You must not only be unable to do your previous work, but also any other type of work considering your age, education, and work experience;

Note: It does not matter whether such work exists in your immediate area, whether a specific job vacancy exists, or whether you would be hired if you applied for work.

2. Your impairment(s) is determined medically by a doctor;

3. It is expected that your impairment(s) can either result in death or last for at least 12 months in a row; and

4. Your impairment(s) must be the primary reason for your inability to engage in substantial gainful activity.

Personal Injury

STATUTE OF LIMITATIONS REVISED

STATUTE OF LIMITATIONS INCREASED FOR PERSONAL INJURY AND WRONGFUL DEATH ACTIONS

Effective January 1, 2003, the statute of limitations for personal injury and wrongful death cases has been increased to two (2) years from the time of the mishap. The previous law, in place for many years, was a one year statute of limitations on personal injury and wrongful death actions. The effect of the change is to give the victim, or the victim's heirs in death claims, more time to institute litigation for just compensation. Thus, in these cases the lawsuit, if it is necessary, may be filed anytime before the two (2) year anniversary of the accident. The rules are different for minors and for claims against public entities. It is best to consult with an attorney immediately to be properly advised as to the exact period of time within which litigation must be commended.