Rejection of the Black Box Approach By Charles Edward Clark, Esq. 1 INTRODUCTION In the years since E.L. Yeager Construction v. Workers' Comp. Appeals Bd. (Gatten) (2006) 145 Cal.App.4th 922 [ 71 Cal.Comp.Cases 1687 ], apportionment analysis has been...
The death of a lumber mill employee, who came to the United States from Mexico, who had used falsified documentation to obtain employment, and who suffered a fatal heart attack as he and other undocumented workers ran from the employer’s premises in an effort to...
A Nebraska appellate court has affirmed a decision by the state’s Workers’ Compensation Court that limited an injured employee’s medical benefits to the costs of his first medical appointment where it found that the employee thereafter failed...
Missouri has radically changed the comp rules for workers with mesothelioma with a new category of “occupational disease due to toxic exposure.” What is mesothelioma? Mesothelioma is a rare and highly aggressive disease related to asbestos exposure...
A worker wasn’t really disabled just because he had his leg amputated below the knee, according to an argument by the Second Injury Fund in a recent Missouri case. The Fund argued he didn’t have any prior disability because he was working and “just...
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. At the core of the American system of workers’ compensation...
By Teresa McLoughlin Rice, Esq. As companies grapple with ever-increasing healthcare costs, an intriguing notion that boosting employee health and safety can also boost company profitability, has been gaining traction. To test the soundness of this premise, HealthNEXT...
Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance . On September 30, 2013, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) denied a request to reconsider a Workers’...
ACME STEEL v. WCAB (BORMAN): ANOTHER PUBLISHED DECISION FROM THE COURT OF APPEAL REMINDING US ONCE AGAIN THAT LABOR CODE §4663 IS A RADICAL/DIAMETRICAL CHANGE IN THE LAW OF APPORTIONMENT . Attention Lexis Online Subscribers: Citations link to Lexis Advance...
The Court of Appeal 1st District) has issued an opinion reversing a 100% award for an employee where the Court determined the WCJ and W.C.A.B. ignored substantial evidence of apportionment and remanded the case back to the W.C.A.B. to more fully consider that specific...
The Supreme Court of Delaware recently affirmed a Superior Court order that in turn affirmed an Industrial Accident Board decision denying a police officer’s petition for compensation arising from an alleged work-related injury. The IAB and Superior Court found...
In an unpublished decision, the Supreme Court of Tennessee (Workers’ Compensation Appeals Panel) modified, in relevant part, a trial court’s decision that had denied an employee’s request for payment of medical expenses associated with a second...
As is the case in a number of states, in Nebraska, if a workers' compensation case involves a preexisting condition, the claimant must prove that the claimed injury or disability was caused by the claimant's employment and that it was not merely the natural...
CALIFORNIA COMPENSATION CASES Vol. 78 No. 6 June 2013 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...
Larson's Spotlight on Street Risk Doctrine, Post-Traumatic Stress Disorder, Slip and Fall, and Amputation. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...