Appeals Board panel revisits Hardesty By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board One of the first lessons learned...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 5 May 2024 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 The medically related intricacies of a California workers’ compensation...
LexisNexis has selected some recently issued noteworthy IMR decisions that illustrate the criteria that must be met to obtain authorization for a variety of different medical treatment modalities. LexisNexis...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Appeals Board panel decisions that rescind a WCJ’s decision and...
The D.C. Court of Appeals recently held that the district’s Compensation Review Board erred in directing an ALJ to disregard a housing allowance that an employer was contractually obligated to pay an employee when calculating the employee’s average weekly wage. In the instant case, the employee had received a promotion and was transferred to Jordan for his duties. He received a pay raise, to $48,000 per year and a housing allowance of $1,200 each month. At the time of his injury, he had only received a few months of that housing allowance. Observing that the applicable statute, D.C. Code § 32–1511(b) provides that the computation of AWW should include the “reasonable value for board and lodging received from the employer” (emphasis added), but disagreeing the Board that because of the use of the word “received,” the statute was “backward-looking,” the appellate court indicated a more holistic approach was required. Here, an honest approximation of the employee’s AWW included not only his salary, but the $1,200 housing allowance.
Reported by Thomas A. Robinson, J.D.
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See Young v. District of Columbia Dep’t of Emp. Servs., 2013 D.C. App. LEXIS 776 (Nov. 7, 2013) [2013 D.C. App. LEXIS 776 (Nov. 7, 2013)]
See generally Larson’s Workers’ Compensation Law, § 93.01 [93.01]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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