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...
As is the situation in many other states, where a Pennsylvania firm subcontracts a regular or recurrent part of its business to another, the firm is liable for workers’ compensation benefits to the subcontractor’s employees if that subcontractor is uninsured [see 77 Pa. Cons. Stat. § 461]. Applying that rule, a Pennsylvania appellate court ruled that a restaurant franchisor’s main business was the sale of franchises to buyers desiring to use its name and expertise—not the actual operation of restaurants—and that accordingly the franchisor was not responsible for the injuries sustained by the franchisee’s employee where the franchisee was uninsured. The benefits were the responsibility of the state’s Uninsured Employers Guaranty Fund.
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 Saladworks, LLC v. Workers Comp. Appeal Bd. (Gaudioso), 2015 Pa. Commw. LEXIS 427 (Oct. 6, 2015) [2015 Pa. Commw. LEXIS 427 (Oct. 6, 2015)]
See generally Larson’s Workers’ Compensation Law, § 111.04 [111.04]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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