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...
Acknowledging that under the standard going and coming rule, an employee's injuries sustained in the ordinary travel from his or her home to a specified worksite did not arise out of and in the course of the employment, a New York appellate court agreed with the state's Board that the going and coming rule did not apply to a situation in which the employee was required by the practical considerations of his remote work to stay in a hotel and travel each morning to a designated worksite to take control of one of the employer's trucks for his work that day, The employee was a traveling employee and as long as his activity was reasonable under the particular circumstances, he remained within the course and scope of the employment. Here, the employee sustained injuries in an auto accident as he traveled from the hotel -- located some six hours from his residence -- to a lot where the employer's vehicles were stored overnight. The employee also received a $65 per diem benefit to defray his travel expenses. An award of benefits was appropriate, held the appellate court.
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 Wright v. Nelson Tree Serv., 2020 N.Y. App. Div. LEXIS 2373 (3d Dept. Apr. 16, 2020)
See generally Larson’s Workers’ Compensation Law, § 14.02.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
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