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...
A claimant’s testimony that she had seen several spiders near her desk before she felt a bite on her foot, along with her identification of the particular species — emergency room staff where she sought treatment showed her a number of photos of various types of spiders — coupled further with other evidence that construction work in a boiler room area beneath the claimant’s office may have disturbed insects and spiders, causing them to move to other parts of the claimant’s building, were sufficient to support a finding by the Virginia Workers’ Compensation Commission that the claimant had sustained an accidental injury arising out of and in the course of the employment. Acknowledging that there was, of course, some risk in encountering spiders in one’s ordinary life, the court said the claimant had shown sufficiently that she faced an “actual risk” of the bite, based on all the attenuating circumstances at her workplace.
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 James Madison Univ. v. Housden, 2020 Va. App. LEXIS 63 (Mar. 10, 2020)
See generally Larson’s Workers’ Compensation Law, § 5.06.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
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