In an apparent case of first impression, a Board panel granted an applicant’s petition to modify the terms in a previously approved Compromise and Release (C&R), to allow a change in the administration...
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...
The putative class action filed by an employee against his employer alleging its use of a fingerprint timekeeping system violated the Illinois Biometric Information Privacy Act (“BIPA”) was not barred by the exclusive remedy provisions of the Illinois Workers’ Compensation Act, held a federal district court. Stressing that the plaintiff had not alleged any sort of physical or mental injury that resulted from the employer’s actions, the federal court predicted that the Supreme Court of Illinois would likely find plaintiff’s alleged injuries were not the sort that fit within the purview of the state Act. Accordingly, the tort action against the employer was not barred, at least as a matter of law.
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 Treadwell v. Power Solutions Int’l, 2019 U.S. Dist. LEXIS 215467 (N.D. Ill., Dec. 16, 2019)
See generally Larson’s Workers’ Compensation Law, § 100.03.
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.