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...
The Court of Appeal of California (2nd Appellate Dist.), affirming an order of the WCAB, held that affirmative defense of laches was not available to insurer in spite of the fact that the employer’s claim for workers’ compensation benefits was filed more than seven years after accident. Observing that the employer received notification of the employee’s injury on day after the injury occurred, the Court said such notice to, or knowledge of, the workplace injury on the part of the employer was deemed to be notice to, or knowledge of, the insurer. Neither the employer nor insurer ever provided the employee with the required claim form and notice of potential eligibility for workers’ compensation benefits. Since the insurer was constructively on notice of the employee’s injury and never provided the employee with the required claim form and notice of potential eligibility for workers’ compensation benefits, there was no delay at all by applicant in filing the claim.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis%20Workers’%20Compensation%20eNewsletter," target="_blank">LexisNexis Workers’ Compensation eNewsletterLexisNexis%20Workers’%20Compensation%20eNewsletter," target="_blank">, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Truck Insurance Exchange v. Workers’ Comp. Appeals Bd., 2016 Cal. App. LEXIS 666 (Aug. 11, 2016)
See generally Larson’s Workers’ Compensation Law, § 126.03.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law