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...
Stressing that “idiopathic” and “unexplained” were not synonymous, an Arkansas appellate court agreed with an ALJ’s decision denying workers’ compensation benefits to a worker who, after experiencing severe gastrointestinal pain at his employer’s premises, went to a company rest room, fainted, and struck his knee and head on a bathroom fixture. The worker contended that on the day before his injury, he had noticed blood in his stool at home after a particularly strenuous workday. The following morning, he went to the employer’s premises in order to complete workers’ compensation claims forms. While there, he again felt ill and went to the rest room, where he fainted. The court stressed that the worker’s GI bleed was idiopathic—none of the worker’s treating physicians attributed the bleeding to work-related activity. His injuries were caused by that idiopathic condition, and not by a risk at work.
Thomas A. Robinson, J.D., the co-Editor-in-Chief and 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 Nolen v. Walmart Assocs., 2021 Ark. App. 68 (Feb. 10, 2021)
See generally Larson’s Workers’ Compensation Law, § 9.01.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
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