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 Illinois Workers’ Compensation Act grants an injured worker the right to seek medical care prior to notifying the employer of the workplace injury or condition, even where the employer has a known employment policy regarding such notification, held an Illinois court. Accordingly, an employer’s action in terminating a worker who received medical care related to a work-related injury prior to notifying the employer could constitute a wrongful termination under the state’s retaliatory discharge statute [820 ILCS 305/4(h)]. The employer contended its advance notification policy did not interfere with the right to seek medical treatment because the policy expressly advised employees that they may seek medical care from their own choice of provider, and did not condition that choice to seek medical treatment on supervisor approval. The federal district court indicated that nowhere in the Illinois Act was there a suggestion that employers might impose minor, or even de minimis, burdens on the employee’s right to seek medical treatment.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Stevenson v. FedEx Ground Package System, Inc., 2014 U.S. Dist. LEXIS 134199 (Sept. 24, 2014) [2014 U.S. Dist. LEXIS 134199 (Sept. 24, 2014)]
See generally Larson’s Workers’ Compensation Law, §§ 94.01, 104.07 [94.01, 104.07]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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