In an apparent case of first impression, a Board panel granted an applicant’s petition to modify the terms in a previously approved Compromise and Release (C&R), to allow a change in the administration...
CALIFORNIA COMPENSATION CASES
Vol. 88, No. 5 May 2023
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. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board
In 2022 there were 7,490 wildfires in California. They burned 362,455 acres...
By Christopher Mahon
Should temporary workers be treated separately under workers’ compensation law due to additional employment and income risks they may incur after workplace injuries? A new study...
Here's a noteworthy panel decision where a family member conveyed essential information to the AME on behalf of the injured employee. The Lexis headnote is below.
CA - NOTEWORTHY PANEL DECISIONS...
An Arizona appellate court affirmed a decision of the state’s Industrial Commission awarding benefits for a hernia that was unaccompanied by pain in spite of a clear statutory requirement that the immediate cause of the hernia must be a severe strain or blow “accompanied by severe pain” [see A.R.S. § 23–1043(2)]. Quoting Larson’s Workers’ Compensation Law, the court indicated the real issue was one of work-connectedness. Was the relationship between the industrial incident and the hernia real? Answering the question affirmatively, the court, again quoting Larson, said that it was “well settled that the workers’ compensation statutes are designed to benefit the injured employee rather than the employer.”
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 City of Tucson v. Pinnacle Risk Management, 2014 Ariz. App. LEXIS 195 (Sept. 30, 2014) [2014 Ariz. App. LEXIS 195 (Sept. 30, 2014)]
See generally Larson’s Workers’ Compensation Law, § 43.02 [43.02]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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New! Workers' Compensation Emerging Issues Analysis, 2014 Edition (400 pp). Read flyer & Order today. Books expected to ship 10/24/2014.
State by State Workers' Comp Legislation for 2014. Expert analysis and commentary. Larson Spotlight on Interesting Cases.
This year's top issue: The Temporary Workforce and Impact on Workers' Compensation