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 State of Vermont, as employer, did not waive the affirmative defense of statute of limitations when it agreed to claimant’s Fall 2010 request for an impairment rating related to his January 1996 work-related injury. While a lower court did err when it determined that Workers’ Compensation Rule 18(a) requiring employers/insurers to determine, at the time an injured employee reached a medical end result, whether the employee had any permanent impairment was not in effect, that error had no effect on the case’s outcome; the Court held that violation of the regulation did not toll the statute of limitations. Claimant, a game warden, injured his ankle in 1996. He underwent surgery, but took no other action in his workers’ compensation case until 2010. In 2010, at claimant’s request, the employer arranged for a physician to determine the level of any permanent impairment. The physician, and a second physician retained by claimant, both determined that claimant suffered a one percent PPD.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Smiley v. State of Vermont, 2015 VT 42, 2015 Vt. LEXIS 24 (Mar. 6, 2015) [2015 VT 42, 2015 Vt. LEXIS 24 (Mar. 6, 2015)]
See generally Larson’s Workers’ Compensation Law, § 126.13 [126.13]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
For more information about LexisNexis products and solutions connect with us through our corporate site