By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Practitioners beware! Death benefit trials often raise intricate and unique evidentiary conundrums. Obtaining...
Oakland, CA – California’s State Average Weekly Wage (SAWW) rose nearly 3.8 percent in the year ending March 31, 2024, which will result in an increase in California workers’ compensation...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 10 October 2024 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...
By Hon. Robert G. Rassp, Presiding Judge, WCAB Los Angeles, California Division of Workers’ Compensation Disclaimer: The material and any opinions contained in this article are solely those of...
Oakland, CA – Migraine Drugs represented less than 1% of all prescriptions dispensed to California injured workers in 2023 but they consumed 4.7% of workers’ compensation drug payments, a nearly...
An Arkansas appellate court has affirmed the denial of benefits to a truck driver who injured his right ankle a few seconds after he made an entry in his log book changing his status to “off-duty” and stepped out of his truck to go to the bathroom. That he was injured so soon after changing his status and while he still remained on the employer’s premises did not control, indicated the court. The relevant Arkansas statute [A.C.A. § 11–9–102(4)(B)(iii)], is one of the nation’s most restrictive, since it provides in relevant part that a compensable injury does not include any injury inflicted upon the employee at a time when employment services were not being performed. The court indicated that it might have been different if the driver left the truck to take a necessary bathroom break so that he could resume his services. Here, however, the driver was off work and not required to do anything.
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.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Trezza v. USA Truck, Inc., 2014 Ark. App. 555, 2014 Ark. App. LEXIS 808 (Oct. 22, 2014) [2014 Ark. App. 555, 2014 Ark. App. LEXIS 808 (Oct. 22, 2014)]
See generally Larson’s Workers’ Compensation Law, §§ 3.01, 26.01 [3.01, 26.01]
For a more detailed discussion of the case, see http://www.workcompwriter.com/arkansas-the-second-youre-off-the-clock-youre-on-your-own/
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
For more information about LexisNexis products and solutions connect with us through our corporate site
_______________________________________________
ATTENTION: RISK MANAGERS, INSURANCE & HR PROFESSIONALS, ATTORNEYS, POLICY MAKERS
Special Discount Rate of $79.50 + tax & shipping for a limited time only
New! Workers' Compensation Emerging Issues Analysis, 2014 Edition (400 pp). Read flyer & Order today. Books expected to ship 10/24/2014.
State by State Workers' Comp Legislation for 2014. Expert analysis and commentary. Larson Spotlight on Interesting Cases.
This year's top issue: The Temporary Workforce and Impact on Workers' Compensation