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...
Illustrating that apportionment between a preexisting condition and a work-related injury is a legal determination involves broader issues than merely examining the medical findings, a New York appellate court affirmed a decision by the state’s Board that refused to apportion a worker’s disability based upon a preexisting, noncompensable lung cancer condition and a subsequent work-related injury to his right should (and also for thoracic strain). The court acknowledged that the employer had come forward with medical evidence supporting apportionment of the claim, but it also noted the state’s general rule — that there is no apportionment where the claimant was able to perform his or her job effectively at the time of the subsequent work-related injury, in spite of the preexisting condition. The court stressed that here, the employee was fully capable of performing his job prior to the work-related injury.
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 Cox v. Suburban Propane, LP, 2020 N.Y. App. Div. LEXIS 701 (Jan. 30, 2020)
See generally Larson’s Workers’ Compensation Law, § 90.04.
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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