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...
Where, following his injury, an employee was paid his regular wages, but mostly sat around in the employer’s safety trailer watching television, the wages were “in lieu of compensation” and the employee’s petition for benefits was not barred by the statute of limitations. Relying upon earlier precedent that had quoted Larson, the court indicated there was insufficient evidence that the employee had actually “earned” his wages. The employer’s voluntary payment in lieu of compensation benefits tolled the statute of limitation.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Ladner v. Zachry Constr., 2014 Miss. LEXIS 66 (Jan. 30, 2014) [2014 Miss. LEXIS 66 (Jan. 30, 2014)]
See generally Larson’s Workers’ Compensation Law, § 126.07 [126.07]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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