LexisNexis® Legal Newsroom
Opinion of Treating Physician Found More Persuasive Than QME’s: Cal. Comp. Cases April Advanced Postings (4/8/2015)

Here’s the third batch of advanced postings for April 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Tina Solano, Petitioner v. Workers'...

Presumption of Employment Applied to Hairdresser: Cal. Comp. Cases May Advanced Postings (4/22/2015)

Here’s the first batch of advanced postings for the May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Chelo's Hair Fashion, Petitioner...

Defendant Improperly Terminated Home Health Care Provided Since 2007: Cal. Comp. Cases May Advanced Postings (5/6/2015)

Here’s the third batch of advanced postings for May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Lions Raisins, aka Lions Raisins Packing...

Federal: Employee Terrorized in “Active Shooter Drill” May Sue Employer in Tort

Allegations by a nursing home employee that her employer secretly arranged an “active shooter drill” in which an on-duty Carbondale, CO police officer posed as a “gunman,” that the officer burst into the work area and held the plaintiff-employee hostage at gunpoint as she cried...

Termination Due to Fiscal Reasons as Insufficient Basis to Deny LC 4850 Benefits: Cal. Comp. Cases May Advanced Postings (5/13/2015)

Here’s the fourth batch of advanced postings for May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes. © Copyright 2015 LexisNexis. All rights reserved. City of Bell, PSI, administered by Adminsure, Petitioner...

Failure to List Applicant as Employee and to Report Payroll Did Not Defeat Insurance Coverage: Cal. Comp. Cases June Advanced Postings (6/3/2015)

Here’s the second batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Florists Mutual Insurance Company...

No Evidence That Insurer Issued Written Notice of Reinstatement or Issued New Policy After Cancellation: Cal. Comp. Cases June Advanced Postings (6/18/2015)

Here’s the fourth batch of advanced postings for June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. 2K Fabrications, Inc., Petitioner v. Workers'...

Utilization Review Untimely When Defendant Didn’t Subject Treating Physician’s Requests for Authorization to UR: Cal. Comp. Cases July Advanced Postings (6/26/2015)

Here’s the first batch of advanced postings for July 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Deluxe Laboratories, ESIS, Inc., Petitioners...

No Due Process Violation in Deferring Third-Party Credit Issue Until After Case-in-Chief Resolved: Cal. Comp. Cases July Advanced Postings (7/22/2015)

Here’s the fifth batch of advanced postings for July 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Ace American Insurance Company (administered...

California: Exceptions to the Going and Coming Rule

The “going and coming” rule is a deceptively simple one. There is no reference to the “going and coming” rule concept in the Labor Code. However, the rule has developed over time by case law, essentially holding that the employer is not liable for injuries which occur during an...

When Specific Injury and Cumulative Injury Cases Consolidated, All Evidence in Both Cases Properly Admitted: Cal. Comp. Cases August Advanced Postings (8/19/2015)

Here’s the latest batch of advanced postings for August 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Cahill Contractors, Arch Insurance...

Utilization Review Addresses Medical Necessity, Not Manner of Payment: Cal. Comp. Cases September Advanced Postings (8/26/2015)

Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Murphy v. WCAB , lexis.com ,...

Split Panel Grants Applicant Another Bite at the PQME Apple: Cal. Comp. Cases September Advanced Postings (9/2/2015)

Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. St. Helena Hospital v. WCAB...

Washington: Co-employee Immunity Applies Only When Defendant Acting in the Course of Employment

An appellate court in Washington state held that it was error for a trial court to grant summary judgment in favor of a defendant, on exclusive remedy grounds, where the plaintiff alleged he was struck by a vehicle driven by the defendant, a fellow employee, as the plaintiff walked across an access road...

The Top 10 Bizarre Workers’ Compensation Cases for 2015

Last November, I had the pleasure of speaking at the 24th Annual National Workers’ Compensation and Disability Conference in Las Vegas. My session was a spin-off of what has become one of my most popular annual blog offerings—a presentation of truly bizarre workers’ compensation cases...

Applicant May Obtain Second Opinion Physician If Applicant Disputed Diagnosis or Treatment Prescribed by Primary Treating Physician: Cal. Comp. Cases February Advanced Postings (2/18/2016)

Here’s the latest batch of advanced postings for February 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. Edward Bautista, Petitioner v....

Compensable Psychiatric Injury as a Result of Harassment by Co-Worker: Cal. Comp. Cases March/April Advanced Postings (3/24/2016)

Here’s the latest batch of advanced postings for 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. City of Santa Barbara, PSI, administered by JT2 Integrated...

California Workers’ Compensation Case Roundup (3/31/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 2016 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 2016 LexisNexis. All rights...

Application for SIBTF Benefits Barred by Statute of Limitations: Cal. Comp. Cases April Advanced Postings (4/6/2016)

Here’s the latest batch of advanced postings for the April 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. Deanna Pimes (aka Deanna Pimes...

Missouri: Court Awards Benefits for Slip from Sidewalk

An administrative assistant in 2012 was leaving work, stepped off of a ramp onto a sidewalk on the employer’s property on the way to her car and injured her ankle. The court of appeals affirmed an award of benefits and found that the accident arose out of her employment. Lincoln University v. Kathy...

Arkansas: Car-pooling With Co-Employee Does Not Bring Commute Within Course and Scope of Employment

Substantial evidence did not support an award of workers’ compensation death benefits to an employee’s minor child where the employee was fatally injured in a car accident while carpooling home, held an Arkansas appellate court. The Court reasoned that while it was certainly true that the...

California Workers’ Comp Case Roundup (7/7/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 6 June 2016 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 2016 LexisNexis. All rights...

Oklahoma: Parking Lot Injury Covered in Spite of Special Statute’s Language

A divided Supreme Court of Oklahoma held that a university employee sustained injuries arising out of and in the course of her employment when she slipped and fell on ice in a campus parking lot where she had been instructed to park. The majority found that the employee’s actions at the time of...

California: Due Diligence Is the Key

I. How NOT to Request That the Record Be Developed In the Noteworthy Panel Decision (NPD) of Quintero v. PBC Holding Corporation dba Commercial Cleaning Systems , 2015 Cal. Wrk. Comp. P.D. LEXIS 610 [ 2015 Cal. Wrk. Comp. P.D. LEXIS 610 ], applicant, Ms. Quintero, was extremely disappointed after...

Arkansas: Benefits Denied to Worker Injured in an On-Premises Fall During Break

Arkansas’ “arising out of and in the course of the employment” rule is one of the narrowest of any states. Generally, a compensable injury does not include an injury that was inflicted on the employee “at a time when employment services were not being performed ” [Ark. Code...