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...
In a decision that may produce ripples within the Texas construction industry, a state appellate court held that in order to enjoy the exclusive remedy defense, Tex. Lab. Code Ann. § 406.123(a) requires a general contractor to do something more than simply pass the onus of obtaining coverage to the subcontractor. Accordingly, where a general contractor’s agreement with a subcontractor required the latter to secure workers’ compensation coverage, but did not provide any mechanism for coverage directly, the general contractor could be sued in tort by the subcontractor’s injured employee. The Court distinguished an earlier decision by the Supreme Court of Texas, HCBeck, Ltd. v. Rice, 284 S.W.3d 349 (Tex. 2009), in which the general contractor agreed that it would provide workers' compensation insurance through an owner-controlled insurance program (OCIP) at its own option and cost.
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.
See Halferty v. Flextronics Am., LLC, 2018 Tex. App. LEXIS 1294 (Feb. 15, 2018)
See generally Larson’s Workers’ Compensation Law, § 111.04.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law