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The Thin Line Between Horseplay and the Initial Physical Aggressor Defense

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must be met before an employer has liability for an injury...

The Thin Line Between Horseplay and the Initial Physical Aggressor Defense

A recent California case with a wild factual scenario provides guidance on the important factual distinctions between horseplay and the initial physical aggressor defense California Labor Code Section 3600 sets forth a number of conditions that must be met before an employer has liability for an injury...

Cal. Comp. Cases January Advanced Postings (1/6/2012)

Here’s the first batch of advanced postings for the January 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes. Roxanna Ortiz , Petitioner v. Workers' Compensation Appeals Board, One Source, PSI, adjusted by ESIS, Respondents , 2011 Cal. Wrk. Comp. LEXIS...

The Role of Presumptions Within the Workers’ Compensation Arena

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 law is the grand bargain struck between...

Arizona: Liberal Construction of Comp Statutes Allows Court to Ignore Pain Requirement in Hernia Case

An Arizona appellate court affirmed a decision of the state’s Industrial Commission awarding benefits for a hernia that was unaccompanied by pain in spite of a clear statutory requirement that the immediate cause of the hernia must be a severe strain or blow “accompanied by severe pain”...