By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board For readers who may not be familiar with the Workers’ Compensation...
The U.S. Department of Labor has issued new data showing California's State Average Weekly Wage (SAWW) edged down 0.48 percent from $1,650 to $1,642 in the 12 months ending March 31, 2023. As a result...
CALIFORNIA COMPENSATION CASES Vol. 88, No. 11 November 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 Nearly two decades ago Senate Bill 899 was enacted and ushered in a...
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...
A defendant's contention that as an employer it was immune from tort liability in a civil action filed against it by an employee did not speak to the Washington trial court's subject matter jurisdiction, held a state appellate court. Accordingly, its motion to dismiss pursuant to Rule 12(b)(1) was improperly granted by the trial court. Following a lengthy procedural discussion, the appellate court held that the trial court should either have treated the motion as a Rule 12(b)(6) motion [e.g., for failure to state a claim upon which relief could be granted] or denied the Rule 12(b)(1) on its merits.
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 Boudreaux v. Weyerhaeuser Co., 2019 Wash. App. LEXIS 2262 (Aug. 26, 2019)
See generally Larson’s Workers’ Compensation Law, § 100.01.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see