CALIFORNIA COMPENSATION CASES Vol. 89, No. 7 July 2024 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...
Havanis v. Calif. Dept. of Transportation (Board Panel Decision) By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board I. Medical apportionment is not the...
By Robert G. Rassp, author of The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation (LexisNexis) Disclaimer: The material and any opinions contained in this treatise are...
Oakland, CA – Private self-insured claim volume in the California workers' compensation system fell 9.5% in 2023, producing the biggest year-to-year decline in private self-insured claim frequency...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board No matter the source of your media consumption, it seems that the topic...
A divided Pennsylvania appellate court held a well owner and a separate firm that provided specialized services at the well were not statutory employers of a truck driver who contended he sustained injuries when a faulty storage tank value caused the driver to be sprayed with barite during a delivery. The driver filed a tort action against the well owner and the service company who then countered that they were statutory employers and, therefore, immune from tort liability. Construing Section 302(a) of the Pennsylvania Act (codified at 77 P.S. § 461), the majority held the driver's work was not integrally related to the "removal, excavation or drilling of soil, rock or minerals," but rather “for transportation and product-unloading services generally.” The appellate court vacated a trial court order that had granted the well owner and the service company summary judgment on exclusive remedy grounds.
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 Dobransky v. EQT Prod. Co., 2020 PA Super 189, 2020 Pa. Super. LEXIS 671 (Aug. 11, 2020)
See generally Larson’s Workers’ Compensation Law, § 62.02.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
Sign up for the free LexisNexis Workers’ Compensation enewsletter at www.lexisnexis.com/wcnews.