By William Tappin, Esq., Law Offices of Tappin & Associates, Sierra Madre, CA There has been a lot of confusion with respect to whether ERISA preempts state laws regarding numerous programs, including...
By Thomas A. Robinson, co-author, Larson’s Workers’ Compensation Law Editorial Note: All section references below are to Larson’s Workers’ Compensation Law, unless otherwise indicated...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 3 March 2024 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board It has been over a decade since the 2nd DCA (District Court of Appeal) denied writ in the case of Athens...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Among the varied duties of the Workers’ Compensation Appeals...
A New York appellate court recently affirmed a finding by the state’s Workers’ Compensation Board that awarded benefits to a worker who claimed he suffered from an occupational disease or condition in the form of chronic hypersensitivity pneumonitis, caused by 12 years of work-related exposure to chemicals and seasonings at the employer’s plant that produced corn, potato and grain-based snacks. The appellate court held that claimant was required to establish a recognizable link between his condition and a distinctive feature of his occupation through the submission of competent medical evidence, that the Board specifically credited the medical evidence from claimant's physician, who testified with a reasonable degree of medical certainty that the "most probable cause" of claimant's condition was his prolonged workplace exposure to chemicals and seasonings, and that claimant's failure to identify the specific allergen or contaminant responsible for his ailments was not fatal to the underlying claim.
Reported by Thomas A. Robinson, J.D.
LexisNexis Online Subscribers: Citations below link to Lexis
See Matter of Sandell v Frito Lay, Inc., 2013 N.Y. App. Div. LEXIS 8501 (Dec. 26, 2013)
See generally Larson’s Workers’ Compensation Law, § 52.01