In an apparent case of first impression, a Board panel granted an applicant’s petition to modify the terms in a previously approved Compromise and Release (C&R), to allow a change in the administration...
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...
The Supreme Court of Oklahoma, in a divided decision, has opted not to assume original jurisdiction in a constitutional challenge to the state’s controversial workers’ compensation opt out law. In its one line order, a majority of the court summarily denied a joint petition filed by two workers who claimed they each sustained work-related injuries after the effective date of the Oklahoma Employee Benefit Act (Okla. Stat. tit. 85A §§ 200–213) and after their respective employers had private benefit plans approved by the state Commission of Insurance. The order does not, however, amount to a decision on the merits. It does mean, however, that the constitutional status of the controversial legislation (a/k/a Senate Bill 1062) is left in limbo while some employers scramble to cobble together benefit plans that meet the approval of Commissioner Doak. So far, the Commissioner has set the bar pretty low. For example, in spite of the fact that the state’s workers’ compensation law generally allows an injured worker one year to file a claim, the Commissioner’s office is routinely approving private benefit plans that bar any recovery by an injured worker if notice is provided the employer within 24 hours of the work-related incident.
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 Pilkington v. State of Oklahoma, ex rel. Doak, File No. PR–113662 (Apr. 27, 2015) [File No. PR–113662 (Apr. 27, 2015)]
See generally Larson’s Workers’ Compensation Law, § 102.01 [102.01]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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