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 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
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