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...
An Ohio appellate court recently affirmed a trial court’s decision that a non-testifying physician's report was nevertheless admissible as an admission against the interest of the employer, where the employer requested the claimant submit to an IME and the physician was chosen by the employer. Admission of the report did not violate the employer's rights to cross-examination since when statements are admitted as an admission of a party-opponent, the party whom they are offered against does not have a right to cross-examination; that would be akin to the party cross-examining its own witness.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Szulinski v. Kellison & Co., 2014-Ohio-111, 2014 Ohio App. LEXIS 91 (Jan. 16, 2014) [2014 Ohio App. LEXIS 91 (Jan. 16, 2014)]
See generally Larson’s Workers’ Compensation Law, § 127.02 [127.02]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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