A Delaware Superior Court held that it was for the state’s Industrial Accident Board, not the trial court, to determine whether COVID-19 was an occupational disease and, therefore, whether the plaintiff’s action against an employer for alleged... Read More
A state appellate court affirmed a decision by the Illinois Workers’ Compensation Commission that found it had jurisdiction to consider the injury claim of an operating room nurse hired by an Illinois staffing company who suffered injuries while... Read More
Emphasizing that an employee may not ordinarily contract away his or her right to seek workers’ compensation benefits under the Alabama Workers’ Compensation Act, and stressing that an employer and employee could not limit the jurisdiction... Read More
The Supreme Judicial Court of Massachusetts, in a case of first impression, adopted the "sufficient significant contacts" test for determining whether the Commonwealth had jurisdiction over an extra-territorial work-related injury. It held the... Read More
A JCC's decision to deny claimant's request for temporary disability benefits on the basis that the claimant had received full pay during the period from the claimant's bank of accumulated sick time was error, held a Florida appellate court... Read More
A New Jersey appellate court held that while residential status may certainly be considered in determining whether the Garden State has a sufficient interest in a worker’s claim regarding an extraterritorial injury, it is insufficient on its own... Read More
Where Pennsylvania and New Jersey were joint owners of a bridge crossing the Delaware River between Philadelphia and Camden and claimant, a Pennsylvania resident hired by a subcontractor to perform painting and lead abatement services on the bridge and... Read More
Where a Washington seafood corporation recruited workers in Nebraska, hosting them at a hotel conference room, and completing drug testing on those who were hired, but performed no actual work in Nebraska and did not frequently have employees either as... Read More
A New York appellate court recently ruled that a state trial court was beyond its powers when it determined that an injured worker was an independent contractor and not an employee. Such a determination was for the state’s Workers’ Compensation... Read More
A challenge to a court’s jurisdiction can be offered at any time, held a North Carolina appellate court. Accordingly, in a wrongful death action filed by the administratrix of a young woman’s estate against the deceased’s employer, that... Read More
CALIFORNIA COMPENSATION CASES Vol. 83 No. 7 July 2018 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 Denied Judicial Review CONTENTS OF THIS ISSUE... Read More
Injured worker’s IMR application denied for being 1 day late In Avila v. University of California Irvine Medical Center , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s order, which denied the applicant’s appeal of... Read More
Another WCAB panel finds that the extraordinary circumstances exception in the OMFS has died post-2004 In Garcia v. E Recycling of California, Zurich North America , 2015 Cal. Wrk. Comp. P.D. LEXIS –-, a WCAB panel rescinded the WCJ’s finding... Read More
Here are the fifth batch of advanced postings for the May 2015 issue and the first batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and... Read More
Here’s the latest batch of advanced postings for the November 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All... Read More