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Cal. Comp. Cases October Advanced Postings (9/29/2010)

Here's the first batch of advanced postings for the October 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below. Burrtec Waste Industries, Petitioner v. Workers' Compensation Appeals Board, Debbie Collinwood, Respondents 75 Cal. Comp. Cases ***, 2010...

Amputated Fingertips, Marijuana, and Oxycontin Vapors: Larson's and the Law of Intoxication

By John Stahl, Esq. Whether proof that a workers’ compensation claimant ingested marijuana or another illegal substance within a relevant period before sustaining otherwise compensable harm justified denying workers’ compensation benefits for that harm demonstrates the “it depends”...

Larson Spotlight on Recent Cases: Street-Risk Doctrine Applied to Verizon Worker Assaulted by Random Stranger

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 Law , has compiled the list below...

California: Home Health Care in the Context of a Psychiatric Injury

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’ Compensation Administrative Law...

Missouri: SIF Argues Prior Amputation of Leg Is Not a Disability

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 fine.” Voidanoff v United Samsco...

California Official Medical Fee Schedule: The Death of the Extraordinary Circumstances Exception Post-2004

In what appears to be a case of first impression, the WCAB panel in Jaime Torres Tavera v. T and P Farms, Zenith Insurance Company , 2015 Cal. Wrk. Comp. P.D. LEXIS --, reversed the WCJ’s finding and held instead that the extraordinary circumstances exception to the fee schedule applies only to...

Ohio: Worker’s Intentional Tort Action Against Employer Fails

An Ohio appellate court agreed with a trial court that an employer could not be held liable, under an intentional tort theory, for serious injuries sustained by an employee who suffered amputation of both legs when two bundles of steel, each weighing over 5,000 pounds, fell on his legs and trapped him...