LexisNexis has selected some recently issued noteworthy IMR decisions that illustrate the criteria that must be met to obtain authorization for a variety of different medical treatment modalities. LexisNexis...
By Christopher Mahon, LexisNexis Legal Insights Contributing Author A September 2024 study from the Workers Compensation Research Institute indicates that workers represented by an attorney in workers’...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board “Substantial Medical Evidence” is a ubiquitous catch-all phrase. When does it exist? When...
CALIFORNIA COMPENSATION CASES Vol. 90, No. 1 January 2025 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. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Cases of “first impression” seldom wander into our workers’ compensation world. When...
A professional counselor, who sustained injuries when she tripped and fell over raised tree roots as she walked on the campus of a community college where she was to attend mandatory off-site training, did not sustain an injury arising out of and in the course of her employment, held a Virginia appellate court. Reiterating that Virginia follows what it calls the “actual risk” doctrine, the appellate court observed that while the counselor’s attendance at the scheduled training may have been required by her employer, the employer had controlled neither the location where she parked nor the route she took to get to the building. Her risk of tripping and falling over the roots was essentially the same as any other member of the general public. The injury could not, therefore, be said to have arisen out of the employment.
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 City of Va. Beach v. Hamel, 2019 Va. App. LEXIS 44 (Feb. 26, 2019)
See generally Larson’s Workers’ Compensation Law, § 3.03.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see