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 Kentucky appellate court held that pharmacies are “medical providers” for purposes of Rev. Stat. Ann. § 342.020(1). Accordingly, the injured worker’s right to choose his or her own medical provider extended to the selection of a pharmacy. The court observed that since 1996, the Board had interpreted “medical providers” to include pharmacies. Moreover, as to prescriptions filled for injured workers, a pharmacist was entitled to be paid an amount equal to the wholesale price the pharmacist paid for the lowest priced drug which was therapeutically equivalent to the drug used to fill the prescription, plus a $5 dispensing fee (together with any applicable federal or state tax or assessment).
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 Steel Creations v. Injured Workers’ Pharmacy, 2016 Ky. App. LEXIS 38 (Mar. 25, 2016)
See generally Larson’s Workers’ Compensation Law, § 94.02.
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