The U.S. Department of Labor has issued new data showing California's State Average Weekly Wage (SAWW) edged down 0.48 percent from $1,650 to $1,642 in the 12 months ending March 31, 2023. As a result...
CALIFORNIA COMPENSATION CASES Vol. 88, No. 11 November 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 Nearly two decades ago Senate Bill 899 was enacted and ushered in a...
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...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Early in the COVID-19 pandemic we learned that nursing care facilities...
Where a New York claimant’s reduced earnings were due, not to his established back injury, but to economic conditions unrelated to the injury, the claimant was not entitled to a reduced earnings award, held a New York appellate court. The holding affirmed a divided panel of the state’s Workers’ Compensation Board that found the claimant’s reduced earnings was the result of a self-imposed limitation. He testified that he worked approximately five hours each week, yet neither his physician nor an independent medical examiner opined that no limitations had been placed on his ability to return to work.
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 Marcy v. City of Albany Fire Dept., 2019 N.Y. App. Div. LEXIS 6055 (Aug. 1, 2019)
See generally Larson’s Workers’ Compensation Law, § 84.04.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see