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...
An injured worker's acceptance of the lowest paying of three jobs offered to him following his work-related injury, on the basis that it was a day-shift position and the others were not, meant he could not recover the difference between his post-injury earnings and his earnings prior to the injury, held a Virginia appellate court. The worker had an affirmative duty to produce evidence that he had reasonably marketed his residual work capacity. His argument that he needed to come forward with such evidence only if the issue was raised by the employer did not convince the appellate court. Accordingly, the court affirmed a decision denying the worker temporary partial disability benefits.
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 BMX Techs. v. Ashby, 2020 Va. App. LEXIS 133 (May 5, 2020)
See generally Larson’s Workers’ Compensation Law, § 81.03.
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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