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...
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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 dismissal of an employee’s claim against the employer without prejudice was within the range of reasonable choices allowed the Virginia Workers’ Compensation Commission pursuant to Va. Code Ann. § 65.2–201 and Va. Workers’ Comp. Comm’n R. 1.12 where the employee’s failure to comply with the Commission’s discovery orders and failure to appear at a hearing fell short of the deliberate abuse of process necessary to justify a dismissal with prejudice. The appellate court indicated the Commission’s decision would only be reversed where there had been an abuse of discretion. Conscientious jurists could reach different conclusions based on exactly the same facts, yet remain reasonable. The court added that dismissal with prejudice was a drastic punishment and should not be lightly invoked.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Republic Servs. of Va., LLC v. Candio, 2015 Va. App. LEXIS 300 (Oct. 27, 2015) [2015 Va. App. LEXIS 300 (Oct. 27, 2015)]
See generally Larson’s Workers’ Compensation Law, § 124.01 [124.01]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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