The U.S. Department of Labor has issued new data showing California's State Average Weekly Wage (SAWW) edged down 0.48 percent from $1,650 to $1,642 in the 12 months ending March 31, 2023. As a result...
CALIFORNIA COMPENSATION CASES Vol. 88, No. 11 November 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 Nearly two decades ago Senate Bill 899 was enacted and ushered in a...
LexisNexis has selected some recently issued noteworthy IMR decisions that illustrate the criteria that must be met to obtain authorization for a variety of different medical treatment modalities. LexisNexis...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Early in the COVID-19 pandemic we learned that nursing care facilities...
Under the Texas “access doctrine”—an exception to the going and coming rule—where the employer has evidenced an intention that the employee utilize a particular access route or area in going to and from work, and where that access route or area is so closely related to the employer’s premises as to be fairly treated as part of the premises, any injury sustained within that route or area is considered to have occurred within the course and scope of the employment. A Texas court recently held that the access doctrine could not be used by an employer to block a civil action filed by a municipal employee to recover for injuries sustained when the employee stepped into a parking lot pot hole and fell. The court stressed that the employer failed to introduce evidence that the employee was implicitly or explicitly directed to park her vehicle in the lot where she sustained injuries.
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 City of Corpus Christi v. Muller, 2019 Tex. App. LEXIS 4645 (June 6, 2019)
See generally Larson’s Workers’ Compensation Law, § 13.02.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see