In an apparent case of first impression, a Board panel granted an applicant’s petition to modify the terms in a previously approved Compromise and Release (C&R), to allow a change in the administration...
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...
The Supreme Court of Illinois held that in a retaliatory discharge action, the burden of proof is on the discharged employee to show that the employment was terminated and that the termination was in retaliation for the employee’s actions, that if an employer provides a reason for the employee’s dismissal, that does not automatically defeat a retaliatory discharge claim, but if the employer chooses to come forward with a valid, non-pretextual basis for discharging its employees and the trier of fact believes it, the causation element required to be proven is not met.
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 Michael v. Precision Alliance Group, LLC, 2014 Ill. LEXIS 1551 (Dec. 4, 2014) [2014 Ill. LEXIS 1551 (Dec. 4, 2014)]
See generally Larson’s Workers’ Compensation Law, § 104.07 [104.07]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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State by State Workers' Comp Legislation for 2014. Expert analysis and commentary. Larson Spotlight on Interesting Cases.
This year's top issue: The Temporary Workforce and Impact on Workers' Compensation