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 husband and wife employed a live-in domestic to perform housekeeping and child care duties, but failed to maintain workers’ compensation insurance, it was appropriate for the New York Workers’ Compensation Board to impose an $86,000 penalty pursuant to N.Y. Work. Comp. Law § 26-a(2)(b). The domestic worker filed a claim after she cut her hand on a broken piece of glass while washing dishes. The WCLJ assessed a penalty of $1,000 for each 10-day period of non-compliance. The employers acknowledged that they had failed to secure workers’ compensation insurance, but contended the penalty should have been much less, perhaps as little as $3,000 using an “alternative” method allowed under the statute. The appellate court indicated the employers had, unfortunately, not raised the argument as to the alternate method of computing the penalty before the WCLJ. Nor did they present any testimony with respect to their failure to obtain workers’ compensation coverage. The $86,000 penalty was, therefore, appropriate.
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 Matter of Castillo v. Brown, 2017 N.Y. App. Div. LEXIS 4839 (June 15, 2017)
See generally Larson’s Workers’ Compensation Law, § 102.02.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see