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...
A New York appellate court recently affirmed a decision of the state’s Workers’ Compensation Board that denied a claim filed by a subway train cleaner for injuries he incurred as he disembarked from a subway as he traveled to his home after the end of a work shift. The assault took place a mere five minutes after the worker had clocked out to head home. The claimant contended that the injury was still within the course and scope of the employment because he wore his official jacket, safety vest, and hat that identified him clearly as a subway employee. The court was unconvinced by that argument, holding the claim was barred by the going and coming rule.
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 Warner v New York City Tr. Auth., 2019 N.Y. App. Div. LEXIS 3131 (Apr. 25, 2019)
See generally Larson’s Workers’ Compensation Law, § 15.02.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see