The U.S. Department of Labor has issued new data showing California's State Average Weekly Wage (SAWW) edged down 0.48 percent from $1,650 to $1,642 in the 12 months ending March 31, 2023. As a result...
CALIFORNIA COMPENSATION CASES Vol. 88, No. 11 November 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 Nearly two decades ago Senate Bill 899 was enacted and ushered in a...
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 Early in the COVID-19 pandemic we learned that nursing care facilities...
The Supreme Court of Delaware has held that a worker’s undocumented status is one factor that should be considered in determining whether a worker is deemed to be “displaced”—so disabled by a compensable injury that he or she will no longer be employed regularly in any well-known branch of the competitive labor market and will require a specially created job to be steadily employed. The employer contended that a worker’s immigration status was not relevant factor to be considered. The Court agreed that an undocumented worker’s immigration status was not relevant to determining whether she was a prima facie displaced worker, but it was a relevant factor to be considered in determining whether she is an actually displaced worker. The Court indicated that the Industrial Accident Board correctly rejected the employer’s evidence of regular employment opportunities for the worker because that evidence failed to consider her undocumented status.
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.
See Roos Foods v. Guardado, 2016 Del. LEXIS 620 (Nov. 29, 2016)
See generally Larson’s Workers’ Compensation Law, § 83.01.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law