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...
Where a worker settled his workers’ compensation claim and signed a settlement agreement that released his direct employer and a purported general contractor from liability for any claims arising out of the worker’s work-related accident, the worker could nevertheless pursue a civil action against the purported contractor where (a) the settlement agreement indicated that all issues, including the worker’s employment status, were in dispute, (b) the worker’s employer instructed its attorney to include not only the employer, but the general contractor, in the release language of the settlement agreement, and (c) no one signed the settlement agreement on behalf of the purported general contractor. The court reasoned that no workers’ compensation claim had been filed against the contractor and nothing in the record indicated any employment relationship existed between the worker and the contractor.
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 Marquez v. Martorina Family, LLC, 2016 IL App (1st) 153233, 2016 Ill. App. LEXIS 372 (June 17, 2016)
See generally Larson’s Workers’ Compensation Law, § 132.05.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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