Workers' Compensation

Recent Posts

Compensable Knee Injury Upheld for Soccer Playing Applicant: Cal. Comp. Cases December Advanced Postings (12/12/2012)
Posted on 12 Dec 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the December 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Ecolab... Read More

Courier Was Employee, Not Independent Contractor: Cal. Comp. Cases March Advanced Postings (3/14/2013)
Posted on 14 Mar 2013 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the March 2013 issue of Cal. Comp. Cases. L e xis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights... Read More

California: W.C.A.B. Declines to Accept Jurisdiction over Out of State NFL Player
Posted on 16 Jan 2013 by Richard M. Jacobsmeyer

The Workers' Compensation Appeals Board has issued a decision in what can best be called a niche case involving professional sports specifically professional football. In McKinley v. Arizona Cardinals , the W.C.A.B. has issued an en banc decision... Read More

California: Court Rules Labor Code Section 3208.3 Burden of Proof Falls on Applicant
Posted on 29 Mar 2012 by Richard M. Jacobsmeyer

The Second District Court of Appeals has reversed a W.C.A.B. award of psychiatric injury for an employee with less than 6 months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception... Read More

Presumption of Employee Status Applied to Maintenance Worker Who Lacked Contractor License: Cal. Comp. Cases August Advanced Postings (8/7/2012)
Posted on 7 Aug 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Matthew... Read More

Average Weekly Wage Based on Earnings on Date of Injury, Not Subsequent Decreased Earnings: Cal. Comp. Cases September Advanced Postings (9/21/2012)
Posted on 21 Sep 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the September 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnote and summary. © Copyright 2012 LexisNexis. All rights reserved. State... Read More

Police Officer Injured During Off Duty 5K Race: Cal. Comp. Cases January Advanced Postings (1/9/2013)
Posted on 9 Jan 2013 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the January 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. City... Read More

California: Temporary Disability and the "For Cause" Termination
Posted on 23 Mar 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases cited below. There are many cases where the employee seeks temporary disability benefits for a period of time after their termination. Invariably, the employer argues that they would have offered applicant... Read More

California: Labor Code Section 3208.3(h) Applied to Migraine Headaches
Posted on 1 Mar 2012 by Richard M. Jacobsmeyer

The 4th District Court of Appeal has issued a decision on an issue which has been pending in an unresolved fashion since the early 1990s when Labor Code § 3208.3 was amended to provide that injuries arising from lawful good faith personnel actions... Read More

Franchisee as Independent Contractor or Employee?
Posted on 5 Nov 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

This noteworthy California WCAB panel decision will be added to the LexisNexis Services. Employment Relationships; Employees; Franchisees. California WCAB reversed WCJ’s finding that applicant was a janitorial franchisee/independent contractor... Read More

Split Panel Finds Independent Contractor Status for Auto Body Repairer: Cal. Comp. Cases October Advanced Postings (9/26/2012)
Posted on 26 Sep 2012 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the October 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnote and summary . © Copyright 2012 LexisNexis. All rights reserved. Edmond... Read More

WCAB Lacked Jurisdiction for Football Player’s Claimed Out of State Injuries: Cal. Comp. Cases November Advanced Postings (11/5/2012)
Posted on 6 Nov 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the November 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Michael... Read More

California: When Holiday Cheer Spills Over to the Workplace
Posted on 17 Dec 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com users can link to the citations below . This is the time of year to eat, drink and be merry, right? Perhaps it is worthwhile to take a moment and consider what happens, from a workers’ compensation perspective, when an intoxicated employee... Read More