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...
By Christopher Mahon, LexisNexis Insights Contributing Author In 1965, less than 0.5% of American workers worked from home. Due to technological innovation in the late twentieth century, that 0.5% rose...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Even carefully crafted stipulations that purport to limit an employer’s...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Claims of work-related psychiatric injuries have a fraught history...
Oakland - A new California Workers’ Compensation Institute (CWCI) study shows that almost half of all litigated claims in the LA Basin are cumulative trauma (CT) claims that involve physical or mental...
Where a union carpenter was employed by several different employers from 1998 through 2009 and, in 2010, he filed a claim for bilateral carpal tunnel syndrome caused by repetitive work, it was error for the Board to apportion 45 percent of the liability to an earlier employer since the carpenter was not diagnosed with nor treated for the condition until 2010 and the worker’s medical expert failed to offer an opinion as to when the carpenter actually contracted the condition. The carpenter noted that he had occasionally experienced soreness in his hands throughout the period, but that the soreness came and went, depending upon the carpenter’s activities. He also said it was insignificant before 2010. The Court said the evidence in the record could not rationally lead to the date of contraction selected by the Board; it was not supported by substantial evidence.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Scuderi v. Mazzco Enters., 2016 N.Y. App. Div. LEXIS 3416 (3rd Dep’t, May 5, 2016)
See generally Larson’s Workers’ Compensation Law, § 153.03.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law