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...
Citations link to lexis.com unless otherwise noted. All bracketed cites link to Lexis Advance.
In one of the first panel decisions issued after the implementation of the $100 lien filing fee, a WCAB panel has dismissed several liens that were activated over two hours after the scheduled lien conference commenced.
Author’s comment: The WCAB panel has relied primarily on a lien activation enabling regulation, 10208, subsection (a) to interpret and apply a broader statutory requirement set forth in Labor Code Section 4903.06(a)(4). Questions regarding the interaction and potential conflict between the statute 4903.06 which requires proof of payment at the conference, and the regulation 10208(a) which requires payment prior to appearing at a lien conference are presented. For the moment, it appears that a conservative lien claimant would pay the activation fee no later than two hours prior to the start of a scheduled hearing. It is noted that at the time of this comment, the WCAB panel decision was not final and subject to appeal.
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