LexisNexis® Legal Newsroom
Defendant Can’t Unilaterally Terminate Home Health Care Services Without Evidence of Change in Applicant’s Condition or Circumstances: Cal. Comp. Cases August Advanced Postings (8/5/2015)

Here are the first and second batches of advanced postings for the 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. Warner Brothers, Time...

Pennsylvania: Truck Driver’s State of Residence is Insufficient to Establish Jurisdiction Following Extraterritorial Injury

A Pennsylvania appellate court held that a truck driver was not entitled to benefits in Pennsylvania for an extraterritorial injury because his employment was not principally localized in Pennsylvania where the driver and the employer entered into an agreement that clearly indicated that the driver’s...

California: WCAB Had Jurisdiction to Determine NBA Player’s Cumulative Trauma Claim

In spite of the fact that an NBA player was employed by a California professional basketball team for only one month at the end of his three-year career (1981–1984), and played in only four regular season games (and associated practice sessions) during that career—all with teams headquartered...

Different Outcomes for Two Pro-Athletes Playing 7 Percent of Career-Total Games in California: Cal. Comp. Cases November Advanced Postings (10/22/2015)

Here’s the latest batch of advanced postings for the November 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. Nashville Predators, Colorado...

WCAB Had Jurisdiction When Workers’ Comp Claim Predated Insurer’s Rescission Action: Cal. Comp. Cases November Advanced Postings (10/27/2015)

Here’s the latest batch of advanced postings for the November 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. Tower Select Insurance Company...

California Workers' Comp Case Roundup (10/28/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 10 October 2015 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 2015 LexisNexis. All rights...

Defendant Hired Applicant in His Capacity as Homeowner and Not as Part of His Rental Property Business: Cal. Comp. Cases January Advanced Postings (12/29/2015)

Here are the latest advanced postings for the January 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. Abel Reyes-Garcia, Petitioner v. Workers'...

Fifth Circuit Takes the Bang Out of Winchester

By Paul B. Howell, Franke & Salloum, PLLC, Gulfport, Mississippi For 33 years the Fifth Circuit Court of Appeals promulgated an expansive view of the situs test for jurisdiction under the Longshore and Harbor Workers’ Compensation Act (LHWCA, 33 U.S.C.S. § 901 et seq .).[fn1] The situs...

Two Decisions Show Complexity of Establishing WCAB Jurisdiction in Pro Athlete Cases: Cal. Comp. Cases January Advanced Postings (1/6/2016)

Here’s another batch of advanced postings for the January 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. Scottie Pippen, Petitioner v. Workers'...

California Workers’ Compensation Case Roundup (2/11/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 1 January 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...

Colorado: Telephone Interview/Offer of Employment Subjects North Dakota Company to Colorado’s Jurisdiction

Where a North Dakota oil company had no business operations in Colorado, but recruited employees from Colorado (and other states) to work on its North Dakota rigs, it could be held responsible for providing workers’ compensation coverage under the Colorado Act and its failure to do so regarding...

WCAB Lacked Jurisdiction for Out of State Injury When Contract of Hire Occurred in Georgia: Cal. Comp. Cases May Advanced Postings (5/18/2016)

Here’s the latest batch of advanced postings for the May 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. Ramonda Walker, Petitioner v. Workers'...

WCAB Panel Finds UR IMR Physician Need Not Be Licensed in California

The recent noteworthy panel decision of Navroth v. Mervyn’s Stores , 2016 Cal. Wrk. Comp. P.D. LEXIS --, is just fascinating for so many reasons beyond the content of the finding itself. How often does a pro per applicant make important case law despite the unsuccessful efforts of many talented...

California Workers’ Comp Case Roundup (8/4/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 7 July 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...

Employer Lacked Sufficient Notice of Alleged Industrial Injury to Trigger Duty to Provide Claim Form, Notice of Benefits: Cal. Comp. Cases August Advanced Postings (8/17/2016)

Here’s the latest batch of advanced postings for the August 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. Susan Ostini , Petitioner v. Workers'...

California: Jurisdiction Issues That Could Sabotage Your Case

Quite a few WCAB Noteworthy Panel Decisions (NPDs) have issued lately on the question of jurisdiction. In each of them, the parties had petitioned to go forward on an issue, only to discover at the hearing level, that the WCAB might not have jurisdiction to decide the matter. Practitioners should be...

No California Jurisdiction Over Pro-Athlete Entertainer Found: Cal. Comp. Cases Advanced Postings (10/27/2016)

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. Michael Wilson, Petitioner v....

California Workers' Comp Case Roundup (1/20/2017)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 12 Dececember 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...

North Carolina: No Jurisdiction for Out-of-State Injury Where “Last Act” in Making Employment Contract Occurred Outside State

Where a welder, who was living in North Carolina, received a communication from her union hall, which was located in Oklahoma, that she should report for an assignment in Huntsville, Texas and where, upon arrival in Texas, the welder was required to undergo a drug test and complete various forms—including...

How to Utilize a Medical Expert and Effectively Present Causation Opinions

The seminal causation paper will never be written. This fact provides the author at least some comfort as this paper briefly wades into the agenda-driven minefield of causation in a workers’ compensation claim. Causation, like beauty, is often in the eye of the beholder. The beholder in a workers’...

West Virginia: Tennessee Worker’s Death at Kentucky Coal Mine Not Governed by West Virginia Workers’ Compensation Law

In a divided memorandum decision, the Supreme Court of Appeals of West Virginia affirmed a circuit court’s finding that the widow of worker killed in a forklift accident at a Kentucky coal mine may not maintain a deliberate intent action against the West Virginia employer under W. Va. Code §...

New Jersey: Phone Call Offer of Employment to NJ Residence Sufficient to Support Jurisdiction for Out-of-State Injury

An employer and employee created an employment arrangement in New Jersey where the evidence indicated the employee, after filing an online application with a New York company, initially received a phone call at his home to arrange an employment interview at the employer’s New York operation and...

California Workers' Comp Case Roundup (11/8/2017)

CALIFORNIA COMPENSATION CASES Vol. 82 No. 10 Oct 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 2017 LexisNexis. All rights...

North Carolina: Out-of-State Medical Care Qualifies Under State’s Two-Year Jurisdiction Rule

In North Carolina, a claim must be filed either (a) within two years of the accident [N.C. Gen. Stat. § 97-24(a)(i)], or (b) “within two years after the last payment of medical compensation when no other compensation has been paid and when the employer's liability has not otherwise been...

California: Keys to Obtaining Jurisdiction

Any information or opinions contained in this commentary are not necessarily endorsed by LexisNexis® or its affiliates. Workers’ Compensation Appeals Board (WCAB) jurisdiction is one of the most important threshold issues that an injured worker must establish in order to claim benefits....