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...
In a case of first impression, a New York appellate court affirmed an order entered by the state’s Workers’ Compensation Board allowing a medical treatment variance in the form of medical marijuana for an injured worker who suffered from continuing pain after a work-related injury. That order required the workers’ compensation carrier to reimburse the worker for marijuana purchased pursuant to New York’s Compassionate Care Act. The carrier contended that there was a direct conflict between that New York law and the federal Controlled Substances Act. Under the CSA, possession of marijuana—even for medicinal purposes—is a criminal act. Reviewing several decisions from other jurisdictions, the court held there was no such direct conflict. The carrier could not be guilty of aiding and abetting; one could not aid and abet a completed crime.
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 Matter of Quigley v. Village of E. Aurora, 2021 N.Y. App. Div. LEXIS 1223 (3d Dept. Feb 25, 2021)
See generally Larson’s Workers’ Compensation Law, § 94.06.
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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