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...
New York’s Workers’ Compensation Board acted within its statutory powers when it found that a worker failed to provide the employer with the required notice under N.Y. Workers’ Comp. § 18, held a state appellate court. While the court noted that the worker was not proficient in English, the court said that was not a sufficient reason to excuse compliance with the notice statute. The employer acknowledged that the worker, a truck driver, told two supervisors that he had pain in his knee and that a physician placed him “off work” for a short period. Evidence indicated, however, that the worker did not mention any connection between his knee pain and his work. The appellate court held that under these circumstances, the Board could find that the worker had failed to give the required notice.
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 Nukicic v. McLane Northeast, 2019 N.Y. App. Div. LEXIS 5821 (July 25, 2019)
See generally Larson’s Workers’ Compensation Law, § 126.01.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see