In an apparent case of first impression, a Board panel granted an applicant’s petition to modify the terms in a previously approved Compromise and Release (C&R), to allow a change in the administration...
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...
In order to rebut the presumption of compensability found in N.Y. Workers’ Comp. Law § 21, an employer must come forward with “substantial” evidence, not just some evidence, to the contrary, held a state appellate court. Accordingly, where an employee sustained an unwitnessed fall while at work that caused a serious traumatic brain injury, which also resulted in his total loss of memory regarding the event, it was not enough for the employer to show that the fall could have been caused by the employee’s preexisting cardiovascular condition. Observing that the Board found the claimant’s medical expert more credible than the employer’s expert, the Court found the employer had failed to rebut the presumption.
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 Docking v. Lapp Insulators LLC, 2020 N.Y. App. Div. LEXIS 210 (Jan. 9, 2019)
See generally Larson’s Workers’ Compensation Law, § 7.04.
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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