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...
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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...
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A Pennsylvania appellate court found substantial evidence supported the Board’s decision to terminate compensation benefits in spite of the fact that the claimant credibly testified that he continued to experience pain resulting from the work-related injury. Citing Udvari v. Workmen's Compensation Appeal Board (U.S. Air, Inc.), 550 Pa. 319, 705 A.2d 1290 (Pa. 1997), the appellate court said a contrary conclusion would lead to the absurd result that a claimant could forever preclude the termination of benefits by merely complaining of continuing pain. What was relevant in deciding whether the termination of benefits was warranted, said the court, was whether the claimant suffered from pain as a result of the work-related injury. Here, the court noted that the employer's physician credibly testified that the claimant had fully recovered from the work-related injury, the claimant's physical examination was objectively normal, and any pain the claimant was experiencing resulted from degenerative changes unrelated to the work injury.
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 Hernandez v. Workers' Comp. Appeal Bd. (F&P Holding Co.), 2018 Pa. Commw. LEXIS 327 (July 19, 2018)
See generally Larson’s Workers’ Compensation Law, § 83.07.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law