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Standford Study Shows Shift From AI as Tool to Physician Teammate

Although large language models (LLMs) have performed well on the United States Medical Licensing Examination (USMLE) and at answering medical-related questions in studies, there was currently no benchmark testing how well LLMs can function as agents by performing tasks that a doctor would normally do, such as ordering medications, inside a real-world clinical system where data input can be messy.

Thus a team of Stanford University researchers recently developed benchmarks for measuring the accuracy and effectiveness of AI agents to assist physicians and published their findings in the New England Journal of Medicine AI.

While the researchers note the enormous potential of this new technology to transform medicine, the tech ethos of moving fast and breaking things doesn’t work in healthcare. Ensuring that these tools are capable of doing these tasks is vital, and then they can be used as tools that augment the care clinicians provide every day.

“Working on this project convinced me that AI won’t replace doctors anytime soon,” said Kameron Black, co-author on the new benchmark paper and a Clinical Informatics Fellow at Stanford Health Care. “It’s more likely to augment our clinical workforce.

Black is one of a multidisciplinary team of physicians, computer scientists, and researchers from across Stanford University who worked on the new study, MedAgentBench: A Virtual EHR Environment to Benchmark Medical LLM Agents. Unlike chatbots or LLMs, AI agents can work autonomously, performing complex, multistep tasks with minimal supervision. AI agents integrate multimodal data inputs, process information, and then utilize external tools to accomplish tasks, Black explained.

While previous tests only assessed AI’s medical knowledge through curated clinical vignettes, this research evaluates how well AI agents can perform actual clinical tasks such as retrieving patient data, ordering tests, and prescribing medications.

Chatbots say things. AI agents can do things,” said Jonathan Chen, associate professor of medicine and biomedical data science and the paper’s senior author. “This means they could theoretically directly retrieve patient information from the electronic medical record, reason about that information, and take action by directly entering in orders for tests and medications. This is a much higher bar for autonomy in the high-stakes world of medical care. We need a benchmark to establish the current state of AI capability on reproducible tasks that we can optimize toward.”

The study tested this by evaluating whether AI agents could utilize FHIR (Fast Healthcare Interoperability Resources) API endpoints to navigate electronic health records.

The team created a virtual electronic health record environment that contained 100 realistic patient profiles (containing 785,000 records, including labs, vitals, medications, diagnoses, procedures) to test about a dozen large language models on 300 clinical tasks developed by physicians. In initial testing, the best model, in this case, Claude 3.5 Sonnet v2, achieved a 70% success rate.

“We hope this benchmark can help model developers track progress and further advance agent capabilities,” said Yixing Jiang, a Stanford PhD student and co-author of the paper.

Many of the models struggled with scenarios that required nuanced reasoning, involved complex workflows, or necessitated interoperability between different healthcare systems, all issues a clinician might face regularly.

“Before these agents are used, we need to know how often and what type of errors are made so we can account for these things and help prevent them in real-world deployments,” Black said.

What does this mean for clinical care? Co-author James Zou and Dr. Eric Topol claim that AI is shifting from a tool to a teammate in care delivery. With MedAgentBench, the Stanford team has shown this is a much more near-term reality by showcasing several frontier LLMs in their ability to carry out many day-to-day clinical tasks that a physician would perform.

WCRI Reports Functional Restoration Programs 59% More Costly

A new California Workers’ Compensation Institute (CWCI) study offers some of the first comprehensive data on the use of Functional Restoration Programs (FRPs) to treat California injured workers. FRPs are multi-disciplinary programs used to treat injuries that involve chronic pain and improve patient function when the injuries do not respond adequately to traditional therapies.

For its study, CWCI analyzed 635 indemnity claims that involved FRPs compiled from the utilization review (UR) systems of 6 California workers’ comp insurers. Using demographic, bill review, and medical management data, the authors compared the FRP claim sample to 270,165 non-FRP indemnity claims to determine how they differ in terms of claim characteristics, geographic region, and clinical conditions. In addition, to gain a more precise assessment of FRP vs. non-FRP treatment costs, temporary disability (TD) duration, and claim durations, the FRP claims were compared to a matched sample of 2,361 non-FRP indemnity claims that had similar clinical, demographic, and claim characteristics to those of the FRP claims. The analysis found that unlike the broader indemnity claim population, which is primarily based in Southern California, FRP claims are heavily concentrated in the Bay Area, which represented nearly half of the FRP claims, and the Central Valley, which accounted for more than a quarter of the claims. In addition, the FRP claims were far more likely to involve attorney representation (94.0%) than other indemnity claims (50.8%), and despite the MTUS guideline criteria that FRPs be used for chronic pain patients, only 42.8% involved a chronic pain diagnosis, though it is unclear whether this was due to clinical inattentiveness in coding, or because some FRP participants did not have chronic pain.    

FRPs typically began after extended periods of conventional treatment, with an average of 792 days between the first medical service date on the claim to the first FRP service date, during which time the injured workers averaged 37 conventional physical medicine visits. Though the Medical Treatment Utilization Schedule (MTUS) treatment guidelines recommend that FRPs run for 4 to 6 weeks, the study found that they tend to run longer, with a median duration of 8 weeks. While that exceeds the MTUS recommended level, it was consistent with the intent of typical UR approvals for FRPs. In addition, while the MTUS does not recommend a set number of days for an FRP, most injured workers in these programs received 20 to 40 days of FRP services, which was also consistent with the number of days approved by UR. On the other hand, injured workers in FRPs averaged 3.8 days of treatment per week, which was less than the MTUS recommendation of at least 5 days per week for tertiary rehab programs, but they averaged a total of 29.1 FRP treatment days. The study’s review of 2,896 FRP-related UR decisions across 1,059 claims (2.8 decisions per claim) found that 25.3% were denied and 4.8% were modified, significantly higher than the 7.7% denial/modification rate for non-FRP medical services noted in prior Institute research.

The cost data showed that FRP claims averaged $234,003, or 59.3% more than the similar non-FRP claims, as they were more expensive across all cost categories, with medical costs averaging twice as high, and indemnity costs and expenses each averaging 28% higher. Total inpatient and outpatient medical costs on FRP claims averaged $127,816, with FRP medical service costs alone averaging $59,106, or 72.6% of total outpatient payments on those claims. In contrast, inpatient and outpatient medical costs on the matched non-FRP claims averaged $64,062, with outpatient costs averaging $38,613.

A key reason for the higher outpatient costs on the FRP claims was that a third of the procedure codes used to bill FRP services were not listed in the Official Medical Fee Schedule, and payments associated with unlisted codes accounted for 84.3% of total treatment costs on the FRP claim. The payment data also show that unlisted procedure codes used for bundled FRP services led to much higher payments than conventional services, averaging $1,751 per code or an estimated $350 per hour of treatment.

FRP claim durations were also longer as these claims averaged 520 temporary disability (TD) days, 25.2% more than the 415-day average for the matched non-FRP claims, which helped push average indemnity costs on the FRP claims to $87,855 vs. $68,533 for the matched claims. Average claim durations measured from the first medical service date to the claim closure date were considerably longer than the average number of TD days for both the FRP claims (1,287 days) and the matched non-FRP claims (1,013 days) as TD for most injuries in California is capped at 104 weeks (728 days) within a 5-year period from the date of injury, though the average duration of the FRP claims was still 27.0% longer than for the matched non-FRP claims.

CWCI has published its FRP analysis in a Report to the Industry which CWCI members and research subscribers can access under the Research tab at www.cwci.org. Others may purchase a copy from CWCI’s online store.

September 8, 2025 – News Podcast


Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: Corrections Officer Wrongly Accused of WC Fraud Sues Employer. Supreme Court Clears Worker Injured at Yacht Club to Sue Employer. Burbank Blood Test Lab Owner Pleads Guilty in Fraud Case. Jury Finds L.A. Personal Injury Lawyer Guilty of Money Laundering. Owner Sets Fire to Fresno Restaurant For Insurance Fraud. ACOEM Reports Long COVID Linked to Work Productivity Loss. Walgreens Agrees to Continue Providing Essential Pharmacy Services. State Drug Pricing Preemption Battle Launched in 9th Circuit.

Published Opinion Sanctions LA Attorney for “AI Fabricated Authorities”

Jose Luis Nazar and Land of the Free own an office building located at 640 S. San Vicente Boulevard (the San Vicente property) and an event space located at 2400 Laurel Canyon Boulevard in Los Angeles (the Laurel Canyon property) L.P.

Sylvia Noland was hired hired to work as their leasing agent and sales representative. She filed a lawsuit in August 2018 asserted 25 causes of action, including violations of California’s wage and hour laws, constructive and wrongful termination and other employment law related claims.

The trial court granted defendants’ motion for summary judgment, finding no triable issues as to any of those claims. Among other things, the court found the evidence was undisputed that (1) plaintiff was an independent contractor, not an employee, and thus the wage and hour laws did not apply to her, (2) defendants did not owe plaintiff a commission because the tenant plaintiff said she secured ultimately did not execute a lease with defendants, (3) plaintiff had not demonstrated that she was subject to any adverse employment actions that could form the basis for a retaliation action, and (4) plaintiff did not demonstrate triable issues as to her intentional infliction of emotional distress claim.

On July 25, 2023, plaintiff filed a notice of appeal from the order granting summary judgment and challenges the grant of summary judgment on several grounds. On appeal she was represented by Mostafavi Law Group and Amir Mostafav located in Los Angeles.

The judgment was affirmed. Attorney Amir Mostafavi was directed to pay $10,000 in sanctions in the published case of Noland v. Land of the Free, L.P. -B331918 (September 2025). Relevant excerpts from the opinion are quoted below.

“Prior to oral argument in this case, on our own motion we issued an order to show cause (OSC) why this court should not sanction plaintiff’s counsel, Amir Mostafavi, for filing appellate briefs replete with fabricated quotes and citations. The OSC noted that nearly all of the quotations in appellant’s opening brief, as well as many in the reply brief, were fabricated, and it warned that sanctions might include both an award of attorney fees and costs to defendants and an award of sanctions payable to the clerk of this court.”

“Attorney Mostafavi filed a written response. He acknowledged that he relied on AI ‘to support citation of legal issues’ and that the fabricated quotes were AI-generated. He further asserted that he had not been aware that generative AI frequently fabricates or hallucinates legal sources and, thus, he did not ‘manually verify [the quotations] against more reliable sources.’ Mostafavi accepted responsibility for the fabrications and said he had since taken measures to educate himself so that he does not repeat such errors in the future.”

“Plaintiff challenges the grant of summary judgment on several grounds, none of which raises any novel questions of law or requires us to apply settled law in a unique factual context. In short, this is in most respects a straightforward appeal that, under normal circumstances, would not warrant publication.”

What sets this appeal apart – and the reason we have elected to publish this opinion – is that nearly all of the legal quotations in plaintiff’s opening brief, and many of the quotations in plaintiff’s reply brief, are fabricated. That is, the quotes plaintiff attributes to published cases do not appear in those cases or anywhere else. Further, many of the cases plaintiff cites do not discuss the topics for which they are cited, and a few of the cases do not exist at all. These fabricated legal authorities were created by generative artificial intelligence (AI) tools that plaintiff’s counsel used to draft his appellate briefs. The AI tools created fake legal authority – sometimes referred to as AI “hallucinations” – that were undetected by plaintiff’s counsel because he did not read the cases the AI tools cited.”

“Although the generation of fake legal authority by AI sources has been widely commented on by federal and out-of- state courts and reported by many media sources, no California court has addressed this issue. We therefore publish this opinion as a warning. Simply stated, no brief, pleading, motion, or any other paper filed in any court should contain any citations – whether provided by generative AI or any other source – that the attorney responsible for submitting the pleading has not personally read and verified. Because plaintiff’s counsel’s conduct in this case violated a basic duty counsel owed to his client and the court, we impose a monetary sanction on counsel, direct him to serve a copy of this opinion on his client, and direct the clerk of the court to serve a copy of this opinion on the State Bar.”

Oxnard Man Faces Felony Charges For Fraudulent Injury

Ventura County District Attorney Erik Nasarenko announced that Gonzalo Robles Zurita (DOB 10/10/88), of Oxnard, has been charged with felony workers’ compensation insurance fraud for allegedly claiming that an arm injury he received in 2022 occurred at his place of employment.

He is also charged with one felony count of attempted perjury under oath for statements made during a sworn deposition regarding the arm injury. Zurita made his first court appearance on September 11, 2025, where he pled not guilty to all charges.

Zurita’s claim in 2022 that he was injured on the job resulted in the opening of a State of California worker’s compensation claim, which entitled him to compensation, medical treatment, and other worker’s rights. The State Compensation Insurance Fund paid over $20,000 based on Zurita’s allegedly fraudulent claim that his injury was workplace related.

The State Compensation Insurance Fund assigned their Special Investigation Unit to conduct a criminal investigation regarding the date, time, and location where the arm injury occurred. The investigation revealed that Zurita allegedly made false or fraudulent statements and representations for the purpose of obtaining compensation.

Zurita is scheduled for an early disposition conference on September 22, 2025, at 1:30 p.m. in courtroom 12 and a preliminary hearing was scheduled for September 24, 2025, at 8:15 a.m. in courtroom 14. Zurita was released from custody on his own recognizance and faces a maximum of three years, six months in jail.

The California Department of Insurance (CDI) estimates that workers’ compensation fraud costs $1 billion to $3 billion annually. This fraud increases the premiums that employers pay to obtain insurance, affecting legitimate businesses and all consumers in California through increased prices

Senior Deputy District Attorney Joann Roth, a member of the Ventura County District Attorney’s Office Special Prosecutions Workers’ Compensation Fraud Unit, is prosecuting the case.

California Counties Face Skyrocketing Insurance Costs

The Sonoma Index-Tribune reports that California counties, including Sonoma, are struggling under skyrocketing insurance costs. It goes on to report that “Sonoma County has seen its overall liability insurance costs go up more than 500% in the past decade, according to data obtained by The Press Democrat. The county’s spending on that insurance has gone from under $3.8 million for fiscal year 2014-2015 to almost $23.8 million for 2024-2025.”

The Press Democrat primarily focuses on the surge in liability insurance costs for California counties (such as Sonoma County’s 500% increase over the past decade, driven largely by law enforcement-related claims and a shrinking insurance market), it briefly mentions workers’ compensation as one of the core insurance types local governments manage alongside property and liability coverage.

A broader search for recent reports, statements from county officials, and industry analyses indicated that California’s workers’ compensation system is notoriously one of the most expensive in the U.S., and counties-as major public employers with high-risk roles like law enforcement, firefighting, and public works – face significant burdens. The following is a breakdown of the main issues based on recent reports (as of September 2025):

California ranks as the 3rd most expensive state for workers’ compensation insurance, with average rates about 178% higher than the national median. This is due to factors like high medical costs, a litigious environment, and the state’s unique regulatory system (overseen by the Workers’ Compensation Insurance Rating Bureau of California, or WCIRB, rather than the national NCCI standard).

In 2025, the California Department of Insurance approved an 8.7% increase in the average advisory pure premium rate – the first meaningful rise in over a decade. Insurance Commissioner Ricardo Lara alerted state leaders in a letter that these “growing costs” could impact businesses and public entities like counties, signaling a shift in market conditions that might lead to further hikes.

Ben Adler, spokesperson for the California State Association of Counties (CSAC), has echoed sentiments from the Sonoma article by noting that insurance challenges (including workers’ comp) are forcing cuts to services residents rely on, such as law enforcement and wildfire protection. In Sonoma, where the Sheriff’s Office already dominates liability spending ($13.1 million in 2024-2025), workers’ comp adds to the fiscal strain for high-risk deputies and correctional staff.

Napa County officials have reported general insurance costs (including workers’ comp) doubling in five years, with expectations of 20% annual rises. This mirrors Sonoma’s experience and has prompted “tough conversations” about service reductions, as noted by Napa CEO Ryan Alsop.

Public sector roles like policing, firefighting, and jail operations involve inherent risks, leading to frequent claims for injuries (e.g., back strains, assaults, or repetitive stress). Counties complain that these drive up experience modification factors (which adjust premiums based on claim history), making coverage more expensive.

Fraud is a major grievance. The Sonoma County District Attorney’s Office received a $339,173 grant in 2023-2024 from the California Department of Insurance to investigate workers’ comp fraud, including claimant exaggeration, employer premium evasion, and medical provider schemes. Officials like DA Carla Rodriguez emphasize that fraud inflates system-wide costs, affecting honest employers like counties. Statewide, fraud investigations highlight how it increases premiums for everyone, with counties bearing the brunt as self-insured or pooled entities.

Similar to workers’ comp costs liability insurance costs are fueled by increasing jury awards, lengthy claim resolutions (averaging 16 months), and uncapped damages in California. Counties complain about “nuclear verdicts” and extended filing deadlines (e.g., from recent laws like those extending child abuse claim windows, though this hits schools harder).

Medical treatment costs in California are among the highest nationally, with evidence-based care requirements adding to expenses. The state’s no-fault system ensures benefits for most claims, but counties report disputes over benefit delivery, leading to audits and appeals via the Division of Workers’ Compensation (DWC).

Shared risk pools like PRISM (used by Sonoma and 54 other counties) spread costs but also mean one county’s high claims can raise premiums for all, exacerbating complaints during waves of litigation.

Insurers are pulling back from California due to reinsurance shortages (85% loss, per CSAC) and post-2020 shifts in public perception of high-risk jobs (e.g., after George Floyd). This leads to fewer options and higher premiums, with some counties facing 1000% spikes in related coverages. Workers’ comp follows suit, as noted in Gallagher’s 2025 public sector trends analysis.

Small or rural counties like Lake and Mendocino (neighbors to Sonoma) echo these issues, with officials pushing for reforms like better fraud prosecution and de-escalation training to lower claims.

Uber Sued For $125M by DOJ for Riders’ Disability Discrimination

The Justice Department filed a lawsuit against Uber Technologies Inc. for discriminating against passengers with disabilities, including those who use service animals and mobility devices such as stowable wheelchairs. Uber is the largest provider of ride-hailing services in the United States. The lawsuit seeks $125 million for individuals who have been subject to discrimination and previously submitted complaints to Uber or the Department.

The lawsuit, filed in the U.S. District Court for the Northern District of California, alleges Uber violated Title III of the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability by private transportation companies like Uber.  The ADA also requires Uber to allow service animals to accompany individuals with disabilities in vehicles and to provide rides to, and assist, riders with stowable wheelchairs and mobility devices.

The Department’s civil complaint alleges that Uber and its drivers routinely refuse to serve individuals with disabilities; impose impermissible surcharges by charging cleaning fees for service animal shedding and cancellation fees to riders whom Uber has unlawfully denied service; and refuse to reasonably modify Uber’s policies, practices, or procedures, where necessary, to avoid discriminating against riders with disabilities, including by denying individuals with mobility disabilities the option to sit in the front seat when needed. Due to Uber’s ride denials, individuals with disabilities have experienced significant delays, missed appointments, and have been left stranded in inclement weather.

“Rideshare companies like Uber are prohibited from denying riders with disabilities the same access to transportation that riders without disabilities enjoy,” said U.S. Attorney Craig H. Missakian of the Northern District of California. “This complaint underscores the United States’ commitment to enforcing the ADA’s promise of equal access.”

“For too long, blind riders have suffered repeated ride denials by Uber because they are traveling with a service dog,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “This lawsuit seeks to end this persistent discrimination and allow riders with disabilities to use Uber. We will enforce the ADA’s guarantee that people with disabilities have equal opportunity and full participation in all aspects of American society, including transportation.”

The lawsuit seeks a court order to force Uber to stop discriminating against individuals with disabilities, to modify its policies to comply with the ADA, and to train its staff and drivers on the ADA. In addition to the monetary damages to compensate aggrieved individuals subjected to Uber’s discrimination, the lawsuit demands that Uber pay a civil penalty to vindicate the public’s interest in eliminating disability discrimination.

To learn more about the Civil Rights Division visit www.justice.gov/crt, and to report possible violations of federal civil rights laws go to www.civilrights.justice.gov. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov.

DOJ Tough Stance on Discrimination in Places of Public Accommodation

On July 21, 2025, the Department of Justice (DOJ) updated its recent accomplishments, which included a section on enforcing citizens’ rights in a place of public accommodation. The DOJ noted two such litigations under Title II on its website. The more recent matter was a case that took place in California.

The United States filed a federal complaint in the U.S. District Court for the Northern District of California (Case No. 3:25-cv-04849-SK) United States v. Fathi Abdulrahim Harara, et al. (Jerusalem Coffee House).

The case alleges that the defendants – Fathi Abdulrahim Harara (also known as Abdulrahim “Raheem” Harara) and Native Grounds LLC, doing business as Jerusalem Coffee House – engaged in discriminatory practices against Jewish customers at their Oakland, California, coffee shop.

The suit claims violations of Title II of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, or national origin in places of public accommodation. The DOJ is seeking declaratory and injunctive relief, including a court order to stop the alleged discrimination and remedy its effects, but not monetary damages.

The Jerusalem Coffee House, located on Telegraph Avenue in North Oakland’s Temescal neighborhood, opened in September 2023 as a Palestinian-inspired café serving items like coffees, teas, smoothies, and baked goods influenced by Palestinian cuisine (e.g., a “Bebsi” coffee drink and date-tahini latte).

Harara, whose parents were born in Gaza, described it upon opening as a “vibrant cultural hub for Palestinian and Islamic thought” and a space “directly linked in heart and faith to liberation struggles around the world,” welcoming to Palestinians, Oakland residents, and beyond. The café has hosted art exhibits, public discussions, and fundraisers related to Palestinian causes, partnering with groups like Jewish Voice for Peace Bay Area and Eyewitness Palestine.

The complaint details a “policy or practice” of denying Jewish individuals full access to the café’s services based on their perceived race and religion. Key incidents cited include a June 2024 Incident Involving Michael Radice, a Jewish resident from Los Angeles scouting a nearby community space for a nonprofit event. He allegedly entered the café wearing a blue baseball cap with the phrase “Am Yisrael Chai” (Hebrew for “the people of Israel live”) and a Star of David emblem.

An employee allegedly confronted him, asking if he was a “Zionist” or “Jew” and accusing him of supporting “genocide” and “killing children” in Gaza. Harara joined, and they followed Radice outside, yelling insults like “Zionist” and “Jew.” Radice was not served and left. The DOJ alleges this was the second interaction; in an earlier visit that month without the hat, Radice encountered the same employee but no issues.

On October 26, 2024 there was an incident Involving Jonathan Hirsch. Hirsch, an Oakland resident, allegedly entered with his five-year-old son wearing a hat featuring a Star of David. Harara allegedly interrogated him about being a “Zionist,” called the hat a “Jewish star” and “violent,” accused him of supporting “genocide,” and ordered them to leave, claiming they were “trespassing” and “causing a disruption.”

Video footage of the confrontation, which went viral, shows Harara telling Hirsch, “Get out of my business… You’re the Zionist. We don’t want you in our coffee shop.” Harara called the police, falsely reporting trespassing; officers arrived but no arrests were made. Hirsch and his son were not served and left. The DOJ notes neither customer expressed political views during the visits.

Additional allegations include – On October 7, 2024 (the one-year anniversary of the Hamas attacks on Israel), the café introduced drinks like “Iced In Tea Fada” (a play on “intifada,” referencing Palestinian uprisings) and “Sweet Sinwar” (referencing Yahya Sinwar, the late Hamas leader who orchestrated the October 7 attacks that killed about 1,200 Israelis).

The DOJ argues these actions demonstrate a pattern of discrimination, denying Jewish patrons “the full and equal enjoyment” of the café. Assistant Attorney General Harmeet Dhillon stated, “It is illegal, intolerable, and reprehensible for any American business open to the public to refuse to serve Jewish customers.”

Harara and his attorneys (Glenn Katon and Walter Riley) deny antisemitism, asserting the incidents were provoked by customers staging confrontations to target the pro-Palestinian café amid the Israel-Hamas war. They claim: – No one was actually denied service; interactions were brief and non-violent (e.g., Katon said Harara and Radice “literally shook hands”).

Defense attorneys argue that the Star of David hats represent Zionism (support for Israel), not Judaism, and the café’s actions were political protest against Israel’s actions in Gaza, which Harara calls “genocide.” He has lost relatives in the conflict.

Harara spoke publicly for the first time on July 30, 2025, at a press conference at the café, surrounded by supporters including Jewish groups like the International Jewish Anti-Zionist Network and Jewish Voice for Peace. He described the café as a “treasured Oakland space” for community building, including Jewish patrons, and emphasized solidarity: “Despite the violence my people have endured… my heart remains faithfully tethered to a justice greater than anything the human mind can comprehend.” Supporters packed events in his defense, viewing the case as an attack on Palestinian liberation efforts.

On September 10, 2025, U.S. District Judge Susan Illston denied the defendants’ motion to dismiss. Treating the DOJ’s allegations as true, the court ruled that the complaint sufficiently states a claim under Title II for a “pattern or practice” of discrimination. The case is proceeding to discovery and further proceedings.

OSHA Concluding Public Input on Proposed Heat Injury Regs

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) proposed a Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings rule in July 2024, which was formally published in the Federal Register on August 30, 2024.

This marked the first federal standard aimed at protecting approximately 36 million workers across general industry, construction, maritime, and agriculture sectors from heat-related hazards, with requirements triggering at a heat index of 80°F (initial controls like water, rest, and shade) and escalating at 90°F (additional measures like acclimatization and emergency response plans).

The proposal builds on OSHA’s National Emphasis Program on heat hazards, launched in 2022, which has already led to over 5,000 inspections.

Informal public hearings took place from June 16 to July 2, 2025 on the proposed rule. The hearings were virtual, allowing broad participation. A post-hearing comment period remains open until September 30, 2025, for those who participated to submit additional evidence or briefs. The hearings drew over 50,000 written comments prior, reflecting high interest amid record heat waves.

Representatives from the National Employment Law Project (NELP) and unions like the AFL-CIO argued the rule is essential for vulnerable workers, such as farmworkers, construction laborers, and warehouse employees, who face disproportionate risks from climate change-exacerbated heat. NELP’s Anastasia Christman, who attended multiple sessions, noted OSHA staff appeared “engaged and asked substantive questions,” praising the agency’s focus on real-world implementation.

Farmworker advocates and groups like the United Farm Workers highlighted how the rule could prevent thousands of heat-related illnesses annually (OSHA estimates up to 2,000 preventable deaths and 50,000 injuries yearly without it). They pushed for stronger enforcement in high-risk sectors like H-2A temporary agricultural labor, where language barriers and lack of acclimatization increase dangers.

Public health witnesses cited data showing only 24% of employers currently have heat policies, with 41% of workers unaware of any protections, often leaving rest and cooling decisions to employees – potentially forcing health vs. productivity trade-offs.

The U.S. Small Business Administration’s Office of Advocacy testified on the first day (June 15 or 16), arguing the 80°F trigger is too low for many operations and could impose undue costs on small employers without flexibility. They advocated for a more “performance-based” approach, allowing employers to tailor plans rather than follow rigid requirements.

Construction industry representatives, such as from the Associated General Contractors, warned of compliance challenges in varying climates, suggesting geographic variations or higher triggers in cooler regions. They noted 16 states already have or are proposing heat rules, creating a patchwork that a federal standard might complicate.

Broader business coalitions criticized the rule’s scope, estimating high implementation costs (e.g., monitoring, training, and plan development) and potential litigation risks under recent Supreme Court decisions limiting agency authority (e.g., challenges via the Chevron doctrine’s overturn). Some expressed surprise the hearings proceeded under the Trump administration, given its deregulation focus, but speculated the rule might be “toned down” to a less detailed version.

September 1, 2025 – News Podcast


Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: Supreme Ct. Limits Employer Wage/Hour Good Faith Defense Rule. Musk’s X Reaches Tentative Settlement $500M Class Action. Tesla HR Execs’ Lawsuit Blames HR Manager for Retaliation. Fresno Superior Court Judge Charged With Multiple Felonies. Psychiatric Group Agrees To Pay $2.75M for Fraudulent Claims. Group Studies Ethical & Social Risks of Exoskeleton Use for Safety. WCRI Studies Back and Shoulder Injuries With a $65K+ Price Tag. Wildfire Survivors Vent Anger at Insurance Carriers For Claim Delays.