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...
Oakland, CA – Part II of a California Workers’ Compensation Institute (CWCI) research series on low- volume/high-cost drugs used to treat California injured workers identifies three Dermatological drugs...
An Arkansas trial court erred in concluding that it had subject-matter jurisdiction over the employee's complaint in which it was alleged that the defendant employed the plaintiff but failed to secure workers’ compensation benefits for the employees. The appellate court held that under clear precedent, the state’s Workers' Compensation Commission had exclusive, original jurisdiction to determine the facts that established subject-matter jurisdiction. The employee had raised the issue himself; thus, his action was barred by the exclusive-remedy provision under Ark. Code Ann. § 11-9-105(a). The appellate court added that the mere allegation that the employer failed to provide workers' compensation benefits for his employees did not establish as a matter of law that he failed to secure the payment of compensation as required under Ark. Code Ann. §§ 11-9-105(b)(1), 11-9-404(a)(1).
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Stan v. Vences, 2019 Ark. App. 56, 2019 Ark. App. LEXIS 66 (Jan. 30, 2019)
See generally Larson’s Workers’ Compensation Law, § 102.06.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law