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
Larson's Spotlight on Exclusive Remedy, Jurisdiction, Dependency Benefits, and Aggravation of Original Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More
An Iowa appellate court recently affirmed, in relevant part, a trial court's denial of defendants’ motion for judgment N.O.V., and for new trial, after a jury returned a verdict in favor of plaintiff on his claim of intentional infliction of... Read More
Larson's Spotlight on Mental Injury, Jurisdiction, Disqualification for Benefits, Evidence of Disability, and Pain Impairment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More
Larson's Spotlight on Course of Employment, Jurisdiction, Heart Attack, and Refusal of Medical Treatment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More
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
The California Workers’ Compensation Appeals Board has recently issued two noteworthy panel decisions related to the WCAB’s subject matter jurisdiction in which the professional football player claimed cumulative trauma but played only a single... Read More
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
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