LexisNexis® Legal Newsroom
California Workers' Compensation Institute
CWCI, CalChamber and CCWC File Amicus Brief in Stevens v. WCAB

Oakland – The California Workers’ Compensation Institute (CWCI), the California Chamber of Commerce and the California Coalition of Workers’ Compensation (CCWC) have filed a joint amicus brief in Stevens v. WCAB , the long-running court...

Thomas A. Robinson
California: “Required Vehicle” Exception to Going and Coming Rule Can Apply to In-Home Caretaker’s Bicycle

Utilizing the state’s “required vehicle” exception to the going and coming rule, a state appellate court held that injuries sustained by an in-home caretaker when she was struck and injured by a car as she rode her bicycle from one private...

Thomas A. Robinson
New Hampshire: Fees on Fees May Be Awarded to Successful Claimant

Pursuant to N.H. Rev. Stat. Ann. § 281-A:44, VI, an injured worker was entitled to reimbursement of reasonable attorney’s fees and costs that she incurred in successfully litigating an attorney fee dispute, held the Supreme Court of New Hampshire...

Thomas A. Robinson
Kentucky: IME May Use Clinical Skill and Judgment in Construing AMA Guides

While a Kentucky physician must base his or her impairment rating regarding an injured worker on the AMA Guides (5th Ed.), the physician is not required to park his or her medical judgment at the examining room door. He or she may utilize clinical skill...

Thomas A. Robinson
New York: $86,000 Penalty Assessed for Failure to Provide Coverage for Live-in Domestic Worker

Where a husband and wife employed a live-in domestic to perform housekeeping and child care duties, but failed to maintain workers’ compensation insurance, it was appropriate for the New York Workers’ Compensation Board to impose an $86,000...

LexisNexis Workers' Comp Law Newsroom Staff
California: What in the World Is an “Adverse Inference”?

The world of workers’ compensation litigation must seem like a foreign country to lawyers who practice in the civil or criminal courts of California. We use odd phrases like “denied body parts” and “case opening document”...