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...
Oakland, CA – Part II of a California Workers’ Compensation Institute (CWCI) research series on low- volume/high-cost drugs used to treat California injured workers identifies three Dermatological drugs...
Upon a claimant’s conviction and sentencing, the employer is entitled to a credit under Va. Code §§ 65.2-510.1(A) and -708(A), but not from an earlier date when the claimant was incarcerated while he awaited trial, held a Virginia appellate court recently. The court added that under Va. Code §§ 65.2--708(A), the employer was not entitled to any credit until the date it actually filed its petition for termination of benefits. The employer had contended that the claimant, who was sentenced to 20 years, was given credit by the criminal court for the time he had already served while awaiting trial. It should have been allowed a similar “credit.” The appellate court disagreed and noted that in any event, if an employer could have suspended compensation earlier, but paid through the date of the filing of the application, there was no provision for a credit for compensation paid during the period in which payment was not required.
Reported by Thomas A. Robinson, J.D.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Vico Constr. Corp. v. Taylor, 2013 Va. App. LEXIS 233 (Aug. 13, 2013) [2013 Va. App. LEXIS 233 (Aug. 13, 2013)]
See generally Larson’s Workers’ Compensation Law, § 84.04 [84.04]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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