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...
Where a claimant waited for almost two years to notify the workers’ compensation carrier that he had sustained an alleged injury to his shoulder, the New York Board was within its discretion to deny the claim under N.Y. Workers’ Comp. Law § 18, held a state appellate court. The Court acknowledged that the Board was empowered to ignore the delay where it found there had been no prejudice to the employer or carrier. The Court added, however, that even when there was a reason for the delay, the Board did not have to excuse it. The Court added that here the injured employee was a principal of the employer. Under those circumstances, his own knowledge of the injury was not imputed to the carrier.
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 Horvath v. Mega Forklift, 2019 N.Y. App. Div. LEXIS 7136 (3d Dept. Oct. 3, 2019)
See generally Larson’s Workers’ Compensation Law, § 126.03.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see