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...
Here’s the second batch of advanced postings for the October 2013 issue of Cal. Comp. Cases.
Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.
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City and County of San Francisco, PSI, Petitioner v. Workers' Compensation Appeals Board, Jennifer Campbell (Daughter), Jamie Xelowski (Dec'd), Respondents, 2013 Cal. Wrk. Comp. LEXIS 152 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 152 (Lexis Advance)
Death Benefits—Continuation Benefits for Totally Dependent Minor Children—WCAB, rescinding WCJ’s finding, held that Notice of Award from Social Security Administration issued to decedent’s adult daughter, in which Social Security Administration found that decedent’s daughter became “disabled” pursuant to 42 U.S.C.S. § 423(d)(2)(A) five years before her mother’s death, was sufficient to meet Labor Code § 3501(a) requirement of administrative finding by “trier of fact” that decedent’s daughter was “physically or mentally incapacitated from earning” for purposes of applying conclusive presumption of dependency, when…
Donald Lumb, Petitioner v. Workers' Compensation Appeals Board, City of Chula Vista, PSI, Respondents, 2013 Cal. Wrk. Comp. LEXIS 153 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 153 (Lexis Advance)
Overpayment of Permanent Disability—Credit—WCAB, in split panel decision, held that defendant was entitled to credit under Labor Code § 4909 against applicant/police officer’s permanent disability indemnity in cumulative injury case for overpayment of permanent disability in specific injury case, when WCAB found that…
Adam Truitt, Petitioner v. Workers' Compensation Appeals Board, County of San Diego, PSI, Respondents, 2013 Cal. Wrk. Comp. LEXIS 154 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 154 (Lexis Advance)
Permanent Disability—Rating—AMA Guides—Development of Medical Record—WCAB, affirming WCJ in split panel decision, held that applicant who sustained industrial injury in form of Lyme disease while working as deputy sheriff, incurred zero percent permanent disability, when panel qualified medical evaluator and treating physician opined that …
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