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CALIFORNIA COURTS/FORMS/RULES

      California Judicial Council Forms

    The State of California has established this government (gov) page where you can download or fill our on line all the Judicial Council forms free of charge and they’re totally up to date. You need the Adobe Acrobat Reader for this page as well as multitudinous others with detailed forms, but it too is free to download.  Once you get to the site there are tabs at the top for the directory of California courts and the California Rules of Court which we have bookmarked and linked for convenience below.

    California Courts

    Listing all California courts, with locations, telephone numbers and web pages.

    California Rules of Court

    California Statutes

  • The most fundamental and important resource imaginable for legal research in California law is this complete collection of California Codes.
  • LEGAL RESEARCH
  • Internet Legal Resource Guide
    • Features include “Academia” with information about law schools, “Legal Profession” where you can find law firm listings, legal forms, legal associations and expert witnesses.

    Cornell Law School's Legal Information Institute

    • Referred by the US Bankruptcy Court for the Central District of California, this is one of the best legal research facilities on the internet. The entire United States Code may be found here.

 WORKERS' COMPENSATION

Web Resources:

    State of California, Department of Industrial Relations, Division of Workers' Compensation

      This page is page is provided by the State of California as a "gov" resource. If you're new to workers' compensation, take a look at the resources on the left menu "I want to"and under "information just for you"click on"injured worker". Within the Division of Workers' Compensation is the office of Information and Assistance (I&A), particularly helpful for those who are without representation [see our brochure "What an Injured Worker Needs to Know About California Workers' Compensation" for reasons to hire an attorney. To facilitate professional practice, the latest required EAMS (Electronic Adjudication Management System) forms are provided.

     California Workers' Compensation Institute

      The CWCI is a private membership organization primarily for workers' compensation professionals. Their bookstore offers a list of affordable publications for physicians and others with an interest in workers' compensation issues. One particularly valuable publication would be the Treating Physician's Guide to Workers' Compensation.

    Work Comp Central

      Among several fantastic sites for Workers' Compensation professionals and injured workers alike are Work Comp Central and its Workers Compensation Forums. The legal section is great for attorneys,and the brief bank runs the whole gamut of worker's compensation information for injured workers.

Workers' Compensation Statutes and Regulations

    The WCAB supports Title 8 of the California Administrative Code with a search engine. You can get detailed regulatory information here.
    The law of California workers' compensation is contained in the California Labor Code,a statutory resource under which the Workers'Compensation Appeals Board exercises jurisdiction.
    Labor Code Sec. 3208.1
    People often wonder what is meant by the terms “specific” and “cumulative trauma” when used to classify or pinpoint their dates of work injury. This is the statutory definition.
    Labor Code Sec 3208.3(b)(1)
    The special defenses to stress claims passed by the California legislature are contained in section 3208.3.  This one says the claimant for benefits for psychiatric injury cannot prevail unless he shows that work factors were the predominant cause.
    Labor Code Sec 3208.3(d)
    This is the source of the “six month rule” whereby a claimant must hold down a job for at least 6 months in order to be eligible to file a stress claim. The months need not be consecutive.  Other workers’ compensation definitions helpful for understanding the program are in this artice, i.e. “specific” vs “cumulative trauma” claims and how the date of injury is determined in cumulative trauma cases.
    Labor Code Sec 3208.3(e)
    Referred to as “post termination stress”, this somewhat facetious description refers to claims that are brought after rather than before the employee is terminated from his job. It makes a big difference in how the claim is viewed, even if there is an exception or explanation to be made.
    Labor Code Sec 3208.3(h)
    Most useful of all special defenses to job stress claims is this one.  First step is to consider whether the things the employer did to the employee occurred within the scope of activities that employers are normally engaged in. With the employer holding the exalted status of “master” and the employee in the capacity of “servant”, personnel action includes just about anything. It is NOT a question of fairness or reasonableness.  The parties aren’t on a level playing field.  Only in extreme instances of bad faith.  For the most part, this rule is overcome by the Applicant when there has been unlawful conduct, e.g. a violation of other employment law(s). 
    Labor Code 5412
    It can be difficult to determine when a workers’ compensation injury has occurred when there is a slow progression of events or eventual realization that a condition requires treatment or has caused disability.  This statute describes how the courts go about assigning a date of injury when it is a matter of controversy. Surprisingly, this happens all the time as it can effect the decision whether a claim has been brought within applicable time limits and which carrier among potentially several should be required to pay.

 Appeals Board Locations

Stress

Orthopaedic Injuries

     Orthopaedic Patient Education

      By Medical Multi Media Group, LLC this resource provides a large number of topics of interest in the area of orthopaedic injuries.

    National Institute of Neurological Disorders and Stroke

    On the National Institutes of Health page is an information page on carpal tunnel syndrome, a repetitive use condition frequently seen in work injury cases. Within this excellent resource our readers can easily navigate about to learn about other disorders or health conditions.

    IMAK Products

    This company makes slip on gloves and braces to help people with Carpal Tunnel Syndrome. A brace is the first mode of treatment. The doctor in charge is a workers' compensation  evaluator.

Other Medical Conditions

    National Library of Medicine

    Also under the auspices of the National Institutes for Health, this government resource provides articles for more in-depth medical research online.

     National Network of Libraries of Medicine

    Bring the world of medicine to your computer by registering here with Loansome.doc to order medical articles from participating libraries.
     

BANKRUPTCY

    US Bankruptcy Court for the Central District of California

     For Southern California practitioner's, this court's home page with forms, Local Rules, links and other  valuable resources is indispensable. You can use either Adobe Acrobat or Word to download. The mandatory  Electronic Court Filing System [ECF] is also administered from here for this District. You need to be a  member of the bar of the court and pass certification requirements to use this system. Most attorneys  have in-house software that expedites access and assembly of documents for filing.

    PACER

    The United States courts have been rolling out this project for a number of years now. It's no longer necessary to go to the courthouse to check records. Everything is searchable on line and copies can be donwloaded at modest cost (circa $.08/page). Registration is mandatory for attorneys practicing before the various federal courts as PACER integrates with ECF.
US Trustee
    When a bankruptcy case is filed, the Office of the United States Trustee, part of the Department of Justice, becomes involved as a party to the case. In Chapter 7 cases, the government office appoints an Interim Trustee from a list of qualified individuals, usually but not necessarily private attorneys with a well established background in the field. In Chapter 13 and Chapter 11 cases, administration is by specially appointed “standing” trustees in the former, and direct oversight of much of the paperwork in the latter. 

 WILLS AND TRUSTS

    California Estate Planning

    Sponsored by the California courts, forms and rules site, this page on California estate planning, probate  and trust law is a good starting point to explore California State Bar pamphlets, forms for transfer without probate and California wills, and links to other dependable web resources for California estate planning issues.

 EMPLOYMENT LAW

    California Employment Laws and Regulations

    This is a good place to go for a synopsis of what California laws may be applicable to certain recurring problems in the work place. This state government page has a FAQ section, links to a US government  site (business ".gov") with a section about COBRA and link to the US Dept of Labor Family and Medical Leave Act page, and much more.

    FIND AN ATTORNEY

    Martindale-Hubbell Legal Directory (aka Lawyers.com)

    • Sponsored by Martindale-Hubbell, premier legal directory publishers. Attorneys have traditionally kept the Martindale-Hubbell legal directory in the law library for reference. This on-line version is a public resource for the internet age.
    • Michael Worthington on Lawyers.com

GENERAL INTEREST

Copyright 1999, rev 2009
Interactive Law Center
Michael Worthington, Esq.

All Rights Reserved.