By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board A January 2023 issue of the Workers’ Compensation eNewsletter...
Here's an interesting Board panel decision about a long-standing guardian ad litem who continued to represent the applicant after that party reached the age of majority. The WCAB said that the guardian...
Oakland – A new California Workers’ Compensation Institute (CWCI) study finds that average paid losses on California workers’ compensation lost-time claims fell immediately after legislative...
By Thomas A. Robinson, Co-Editor-in-Chief, Workers’ Compensation Emerging Issues Analysis (LexisNexis) As we move through the third decade of the twenty-first century, the United States remains...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Industrially injured workers in California are entitled to receive...
In making its determination that a 90-year-old claimant was not permanently and totally disabled, the Industrial Commission was free to reject a report from claimant’s vocational consultant in favor of its own analysis of relevant vocational factors. While the Commission acknowledged that claimant’s age was a negative factor, it also noted that claimant had a high school education and a lengthy and successful work history that included supervisory positions. The Court noted that the claimant had a driver’s license and was able to return to his prior employment as a “runner” for a car dealership. Claimant did not meet the definition of PTD; he had the ability to perform sustained remunerative employment.
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
See State ex rel. Boyd v. Scotts Miracle-Gro Co., 2016-Ohio–1508, 2016 Ohio LEXIS 928 (Apr. 13, 2016)
See generally Larson’s Workers’ Compensation Law, § 80.04.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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