Stressing that the issue of abandonment of the labor market is an issue for the Board, a New York appellate court affirmed the denial of disability benefits to a worker who sustained a clearly compensable injury--she was struck by falling scaffolding at the employer's...
A Pennsylvania appellate court found substantial evidence supported the Board’s decision to terminate compensation benefits in spite of the fact that the claimant credibly testified that he continued to experience pain resulting from the work-related injury. Citing...
While the concept of “disability” within the worker’s compensation setting ordinarily requires a demonstration of both medical incapacity and loss of wage earnings, a claimant is not always required to prove both components to establish entitlement to disability...
Observing that it is well settled law that an administrative law judge (ALJ) hearing a Social Security claim for Disability Insurance Benefits (DIB) need not give controlling weight to a treating physician's opinions concerning a claimant's “disability...
By Karen C. Yotis, Esq., Feature Resident Columnist, LexisNexis Workers’ Compensation eNewsletter A resolute new analytic essay about the substantial impact that the underestimation of workers’ comp risk has on national welfare and public health examines the...
Substantial evidence supported the Workers’ Compensation Board’s finding that the claimant was not attached to the labor market because the claimant’s testimony regarding his search for employment was inconsistent, contradictory, and not credible. Moreover, the...
The Importance of Knowing the Difference Between Direct Injuries and Compensable Consequences For dates of injury prior to 1/1/2013, injured workers were entitled to full workers’ compensation benefits for injuries to all body parts, regardless of whether...
One of the primary benefits of California workers’ compensation is the payment of temporary disability (TD). Although not specifically defined in the California Labor Code, case law and customary usage has provided a sufficient perimeter for determining an...
CALIFORNIA COMPENSATION CASES Vol. 82 No. 1 Jan 2017 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 Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright...
The AMA Guides under the California’s workers’ compensation system are for determining whole person impairment (WPI) and not apportionment under Labor Code §§ 4663 and 4664 In two separate cases, Caires v. Sharp Healthcare, 2014 Cal. Wrk...
In a 5–2 decision, the Supreme Court of Pennsylvania, reversing an earlier decision by the Commonwealth Court, held that a physician performing an Impairment Rating Evaluation (IRE) under § 306(a.2)(1) of the state’s Workers’ Compensation...
Here’s the latest batch of advanced postings for the November 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved...
In Anaya v. Bay Area Carbide , 2016 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel affirmed the WCJ’s finding that the applicant, who suffered an industrial injury to his lungs, respiratory system, psyche, and in form of diabetes while employed as a tool...
First Comprehensive Study Evaluating EBM Guidelines in Comp Setting In recent years within the workers’ compensation (WC) arena, proponents of evidence-based medicine (EBM) have contended that managing an injured worker’s care according to established...
Does an aging American workforce mean more time lost due to chronic conditions such as arthritis, cancer, chronic pulmonary disease, coronary artery disease, diabetes, depression, hypertension, and low back pain? It is no secret that the American population as...