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 self-employed individual opted not to bring himself within the coverage of the Nebraska Workers’ Compensation Act, he was not an “employee,” as that term is defined in Neb. Rev. Stat. § 48-115. Under those facts, where the self-employed person fell from a roof, suffering serious injuries, he could not successfully contend that the general contractor was his statutory employer and liable for workers’ compensation benefits. The Court stressed that the state’s statutory employer provisions presupposed that the injured worker was an “employee.” Because the injured worker here was no one’s employee, he could not take advantage of the contractor-under provisions of the Nebraska Act.
Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law(LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Wright v. H & S Contr., Inc., 29 Neb. App. 581, 2021 Neb. App. LEXIS 69 (Mar. 9, 2021)
See generally Larson’s Workers’ Compensation Law, § 70.05.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
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