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...
A federal district court, sitting in California, recently refused to grant the federal government’s motion for summary judgment in an intentional infliction of emotional distress action (among other claims) filed against it by a postal service employee who claimed that heavily-armed U.S. Postal Service special agents stormed into her residence and executed an invalid search warrant that had been issued in connection with the government’s claim that the woman had engaged in workers’ compensation fraud. She alleged that the agents confronted her with guns, aimed their rifles at her dog, “grabbed her,” refused to allow her to use her bathroom without being accompanied by one of the officers, and otherwise harassed and intimidated her without justification. The federal government strongly denied the woman’s version of the story. Finding that if all reasonable inferences were resolved in the employee’s favor she would have stated a cause of action under the Federal Tort Claim Act, the district court ruled that the matter could move toward trial.
Reported by Thomas A. Robinson, J.D.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Thompson v. United States, 2013 U.S. Dist. LEXIS 127002 (Sept. 5, 2013) [2013 U.S. Dist. LEXIS 127002 (Sept. 5, 2013)]
See generally Larson’s Workers’ Compensation Law, § 104.05 [104.05]
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