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 truck driver’s contract of employment was not made in North Carolina where he was required to complete a three-day orientation, a road test, a drug test, and a physical exam in Mississippi—a hiring procedure that extended well beyond mostly administrative paperwork. That the driver was paid during the orientation period did not control; his actual employment was contingent on successful completion of the orientation and tests, and thus his last act of the employment contract took place in Mississippi. Since the employment contract was not made in North Carolina and since neither the employer’s principal place of business nor the driver’s principal place of employment was in North Carolina, the state’s Industrial Commission had no subject matter jurisdiction to hear the driver’s claim.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Taylor v. Howard Transp., Inc., 2015 N.C. App. LEXIS 379 (May 5, 2015) [2015 N.C. App. LEXIS 379 (May 5, 2015)]
See generally Larson’s Workers’ Compensation Law, § 143.03 [143.03]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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