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...
The Supreme Court of Wyoming found that a negligent infliction of emotional distress claim filed by an employee against the employer and one of the employer’s superintendents following the death of his son, who also worked for the employer at the same work site, was not derivative of the associated covered injury or death. Accordingly, the father’s civil action was not necessarily barred by workers’ compensation immunity. The Court also overruled Anderson v. Solvay Minerals, Inc., 3 P.3d 236 (Wyo. 2000), to the extent it held to the contrary. Central also to the case is the fact that the Wyoming Act does not provide benefits for mental-mental injuries. In earlier decisions, the Court had ruled that the exclusive remedy provisions of the Act did not bar an employee’s mental injury claim. It is also important to note that had the father not been a co-employee, he would not have been able to recover.
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 Collins v. COP Wyoming, LLC, 2016 WY 18, 2016 Wyo. LEXIS 18 (Feb. 10, 2016) [2016 WY 18, 2016 Wyo. LEXIS 18 (Feb. 10, 2016)]
See generally Larson’s Workers’ Compensation Law, §§ 56.04, 100.04, 104.05 [56.04, 100.04, 104.05]
For a more detailed discussion of the case, see http://www.workcompwriter.com/wyoming-father-may-sue-employer-for-anguish-related-to-co-employee-sons-death/
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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