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...
Conn. Gen. Stat. § 31–293a creates several exceptions to the otherwise applicable rule that a workers’ compensation claim for benefits is the exclusive remedy that an employee may pursue against a fellow employee. One such exception allows the injured employee to proceed in tort against the fellow employee if the former’s injuries are based on the fellow employee’s negligence “in the operation of a motor vehicle.” A Connecticut appellate court held that a “payloader”—a type of front-end loader—was the sort of “special mobile equipment” not included within the meaning of “motor vehicle.” Quoting Larson’s Workers’ Compensation Law, the court ruled that the exception to exclusivity did not apply and a wrongful death action filed against the fellow employee was, therefore, barred by the exclusive remedy rule.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Abendroth v. Moffo, 2015 Conn. App. LEXIS 139 (to be officially released, Apr. 21, 2015) [2015 Conn. App. LEXIS 139 (to be officially released, Apr. 21, 2015)]
See generally Larson’s Workers’ Compensation Law, § 111.03 [111.03]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
For more information about LexisNexis products and solutions connect with us through our corporate site