CALIFORNIA COMPENSATION CASES Vol. 89, No. 7 July 2024 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...
Havanis v. Calif. Dept. of Transportation (Board Panel Decision) By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board I. Medical apportionment is not the...
By Robert G. Rassp, author of The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation (LexisNexis) Disclaimer: The material and any opinions contained in this treatise are...
Oakland, CA – Private self-insured claim volume in the California workers' compensation system fell 9.5% in 2023, producing the biggest year-to-year decline in private self-insured claim frequency...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board No matter the source of your media consumption, it seems that the topic...
Quoting Larson's Workers' Compensation Law, both on the general issue of causation (§ 46.03) and also regarding the doctrine of unexplained falls (§ 7.04), the Supreme Court of Utah affirmed an award of benefits to a worker who sustained serious injuries to her foot in a parking lot fall adjacent to the employer's facility. The employer did not own nor exclusively control the parking lot, although there were a number of spaces in the lot that had been designated for the employer's employees. The Court stressed that the term "premises" was not an artificial construct; it did not end at the exterior walls of the employer. The lot was used by employees with the implied consent of the employer. It was, for practical purposes, a part of the employer's premises and the worker's unexplained injury, therefore, arose out of and in the course of the employment.
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 Intercontinental Hotels Grp. v. Utah Labor Comm’n, 2019 UT 55, 2019 Utah LEXIS 155 (Sept. 4, 2019)
See generally Larson’s Workers’ Compensation Law, § 7.04.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see