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 Pennsylvania appellate court affirmed the dismissal of a petition for reimbursement of Ayurvedic therapy—a form of holistic alternative medicine that is the traditional system of medicine in India—based upon the failure of the claimant, a licensed Pennsylvania nurse, to show either that the services were provided under the supervision of, or upon referral or prescription from, a licensed Pennsylvania health care practitioner, as required by 77 Pa. Stat. Ann. § 531(1)(i). Moreover, the court found that 77 Pa. Stat. Ann. § 29, which limited payment of medical bills to services by Pennsylvania licensed health care providers, was not unconstitutional under equal protection or the commerce clause. Claimant had described the treatment in India as "like massages and oil treatment" and contrasted it with massages she was receiving in the United States.
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 Babu v. Workers’ Comp. Appeal Bd. (Temple Continuing Care Ctr.), 2014 Pa. Commw. LEXIS 448 (Sept. 15, 2014) [2014 Pa. Commw. LEXIS 448 (Sept. 15, 2014)]
See generally Larson’s Workers’ Compensation Law, § 94.03 [94.03]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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