LexisNexis has selected some recently issued noteworthy IMR decisions that illustrate the criteria that must be met to obtain authorization for a variety of different medical treatment modalities. LexisNexis...
CALIFORNIA COMPENSATION CASES
Vol. 89, No. 2 February 2024
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 the 1785 poem, To a Mouse , Robert Burns observed that the best...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board
The struggle is real. How and when should Workers’ Compensation Judges (WCJs) apply the statute...
Oakland, CA - The number of inpatient hospitalizations in the California workers’ compensation system declined 51.1% between 2012 and 2022, spurred by declining claim volume, technological advances...
The New York appellate court held the state's Board erred when it employed a "novel" standard for work-connectedness in determining the compensability of a claim filed by a claims examiner who worked from home. The employee contended he sustained injuries when he attempted to carry newly purchased office equipment upstairs during his lunch break. The Board affirmed a denial of the claim by the WCLJ, but the Third Department appellate court reversed. Finding the Board had utilized a new standard, under which work-at-home injuries would be compensable only if they occurred during regular work hours and while the employee was actively engaged in work duties as opposed, for example, to taking a short break or using the bathroom, the court held the new standard was not only unsupported by precedent, it was inconsistent with the remedial nature of the Workers' Compensation Law.
Thomas A. Robinson, J.D., the 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 Matter of Capraro v Matrix Absence Mgt., 2020 N.Y. App. Div. LEXIS 6171 (3d Dept., Oct. 22, 2020)
See generally Larson’s Workers’ Compensation Law, § 16.10.
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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