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...
A decision by a New York trial court granting defendants’ motion for summary judgment in a tort action filed against them was affirmed by a state appellate court where the essential issues related to potential liability had already been determined in a prior workers’ compensation proceeding. Noting that collateral estopped—sometimes known as “issue preclusion”—did not apply if the issue at stake in the second action was different from that determined in the first, the court distinguished what had happened in the plaintiff’s earlier workers’ compensation case. There, it had been determined that the incident that allegedly caused the plaintiff injury had not occurred. Plaintiff contended he sustained injuries when a hoist elevator malfunctioned. The workers’ compensation judge, weighing the evidence, found that there had been no such malfunction. That determination was binding.
Thomas A. Robinson, J.D., the co-Editor-in-Chief and 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 Lennon v. 56th & Park (NY) Owner, LLC, 2021 N.Y. App. Div. LEXIS 5109 (2d Dept. Sept. 15, 2021)
See generally Larson’s Workers’ Compensation Law, § 127.07.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
Sign up for the free LexisNexis Workers’ Compensation enewsletter at www.lexisnexis.com/wcnews.