New Workers Comp Laws In California

Best Work Injury Attorney

Governor Jerry Brown had until September 30, 2018 to sign or veto any bill passed by the California Legislature. Governor Brown signed the following workers’ comp-related bills signed into law:

PEACE OFFICERS: Assembly Bill 1749

This bill provides that a California employer may accept liability for an injury sustained by a peace officer not acting under the immediate direction of his or her employer while apprehending suspected law violators, protecting life or property, or preserving the peace outside of California. This bill specifically includes any claims for injuries sustained by peace officers during the Oct. 1, 2017 mass shooting in Las Vegas, Nev. if the employer determines providing compensation serves public purposes.

FRAUD ASSESSMENT COMMISSION FUNDS: Assembly Bill 2046

This bill authorizes, instead of requires, Fraud Assessment Commission funds appropriated but not expended in the fiscal year that have not been allocated to the district attorneys, to be applied to satisfy the immediately following fiscal year minimum total amount required or to augment funding in the immediately following fiscal year.

The bill also requires an authorized government agency that is provided with workers’ comp insurance fraud-related information to release or provide that information to an authorized government agency, upon request, unless it would violate federal law or otherwise compromise an investigation. The bill also requires an authorized government agency that seeks to disclose information obtained from the Employment Development Department to any other governmental agency that is not authorized to receive that information to obtain EDD approval prior to disclosure.

LICENSED CONTRACTORS: Assembly Bill 2705

Licensed contractors are required to have a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance on file with the Contractors’ State License Board and violation of this law is a misdemeanor that must be prosecuted within 2 years. This bill makes it a misdemeanor violation for an unlicensed contractor to fail to comply with workers’ compensation insurance requirements and makes that violation subject to the two-year statute of limitations.

DISABILITY INDEMNITY PAYMENTS: Senate Bill 880

This bill authorizes an employer, with the written consent of the employee, to deposit disability indemnity payments for the employee in a prepaid card account until Jan. 1, 2023. The bill imposes certain conditions, such as allowing the employee reasonable access to in network ATMs and allowing for withdrawal and purchases without incurring fees. The bill also requires employers to provide aggregated data on their prepaid account programs to the Commission on Health and Safety and Workers’ Compensation upon request and requires CHSWC to issue a report to the Legislature on or before Dec. 1, 2022 regarding payments made to those prepaid card accounts.

PEACE OFFICERS & ACTIVE FIREFIGHTING MEMBERS: Senate Bill 1086

With respect to peace officers and active firefighting members, existing law extends the time period for commencing workers’ comp proceedings to collect death benefits from 240 weeks from the date of injury to no later than 420 weeks from the date of injury, not to exceed one year after the date of death. Pursuant to existing law, this extension of time pertains to injuries, including but not limited to cancer, tuberculosis, or blood-borne infectious diseases and is only operative until January 1, 2019. This bill removes the Jan. 1, 2019 date of repeal.

Adjustment of Status and TPS

Adjustment of Status and TPS

Adjustment of Status and TPS

Adjustment of Status and TPS

Adjustment of Status and TPS                Contact Us Now for a Consultation 

9th Circuit Court of Appeals:  TPS Adjustment of Status – TPS Recipient Is Eligible to Adjust to LPR Status

Adjustment of Status and TPS:   I have TPS.  Can I apply for Adjustment of Status (Lawful Permanent Residency) in the U.S.? IT DEPENDS

Adjustment of Status and TPS: The recent 9th Circuit Court of Appeals decision, Ramirez v. Brown, holds that Temporary Protected Status (TPS) is lawful status, that the granting of TPS is an admission, and therefore a TPS grantee is eligible for adjustment of status if all other requirements are met.  What does that mean?  If you have TPS, and are otherwise eligible to get your green card (lawful permanent residence), you may apply for a green card in the U.S.  This is great news for many.  However, USCIS and DOJ may apply this decision in various ways.  You should always consult with an experienced immigration attorney.

The court held that under INA §244(f)(4), a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under INA §245(a). The court thus found that the plaintiff-appellee, a TPS beneficiary, was eligible to obtain lawful permanent residence. (Ramirez, et al. v. Brown, et al., 3/31/17)

Adjustment of Status and TPS: The Sixth Circuit has also reached this same conclusion regarding a TPS Adjustment of Status and that a TPS grant is an “admission.” See Flores v. U.S. Citizenship & lmmigration Services, 71 8 F. 3d 548 (6th Cir. 2013).

You should always consult with an experienced immigration attorney before filing any application and not rely on information on various websites.  This information does not constitute legal advice.

 

 

 

 

 

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Adjustment of Status and TPS
Los Angeles TPS Attorney – Los Angeles Adjustment of Status Attorney – Los Angeles Immigration Attorney

 

Clients

Attorney Nikki Mehrpoo Jacobson has represented individual clients in immigration (visa) and workers’ compensation (work injury) matters employed at a variety of companies in California, the United States and through out the world.

Below is a partial list of the employers:

ADP Total Source, Inc.
AGBT – American Express Global Business Travel
Alliance for Sustainable Energy
American Express
American Family Insurance
Anheuser-Busch Companies, LLC
Avera
Bank of America
Barclays
Becker’s School Supplies
BlackRock
Blue Coat Systems Inc.
Boston Scientific Corporation
Bridgepoint Education, Inc.
Broadcom Corporation
Callaway Golf
Career Education Corporation
Carle Foundation Hospital
Catalina Marketing Corporation
Cedar Sinai Medical Center
Center Light Health System
Cerner Corporation
Chapman University
CIT Group Inc.
City of Coral Gables
Cognizant Technology Solutions
Concentric Rockford Inc.
Credit Suisse
Data Card Corporation
Dealertrack Technologies, Inc.
Deloitte LLP
Enovation Controls
Ernst & Young LLP
Everest Reinsurance Company
Gander Mountain
Golub Corporation D/B/A “Price Chopper”
Health Net Inc.
Houston Methodist
Humana Inc.
Huntington Ingalls Industries, Inc.
Hyatt
Jack Henry & Associates
John Hancock Life Insurance Company (USA)
JPMorgan Chase
Lahey Clinic Foundation, Inc.
Lakeside Union School District
Latham & Watkins LLP
Laureate Education, Inc.
Legal Resources
Leggett & Platt
Levi Strauss & Company
Luther Holding Company DBA Luther Automotive
Madison Square Garden
McCarthy Building Companies, Inc.
Meridian Health System
Merrill Communications, LLC
MITRE Corporation
Morgan Stanley
NCCI Holdings, Inc.
NetApp, Inc.
Northeast Rehabilitation Health Network
Northrop Grumman Corporation
NVIDIA Corporation
NYU Hospitals
Office Depot
Palomar Health
Presence Health
Prudential Insurance Company
Purdue University
Raytheon Company
Recall Corporation
Regus Management Group LLC
Sage Colleges
Scripps Health
SeaWorld Parks & Entertainment, Inc.
SHPS, Inc.
Southern Research Institute
Southwest Research Institute
Sprint
St. Catherine University
Stanford Hospital & Clinics
Staples, Inc.
State of Georgia
State Street
Synopsys, Inc.
The Knot
Tufts University
U-Haul International
United Nations Staff Union
United Rentals, Inc.
United Technologies Corporation Aerostructures Division
University of North Florida
UPMC
UPS – United Parcel Service, Inc.
Vail Resorts Management Company
Valdosta City Schools
Vanguard
Vantiv, Inc.
Visa Inc.
Vitas Hospice Services LLC
Western Asset Management Co.
Worcester Polytechnic Institute
Zale Corporation

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