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...
A former employee should be permitted to pursue a claim under against a former employer for retaliatory discharge under Conn. Gen. Stat. § 31-290a, in spite of the fact that the former employee’s union filed a grievance that was submitted to arbitration pursuant to a collective bargaining agreement and the mediation and arbitration board determined that the employer had just cause to terminate the plaintiff, held the Supreme Court of Connecticut. The former employer contended that the retaliatory discharge claim was barred by collateral estoppel because the issue arising from the claim had been finally decided by the mediation and arbitration board in the prior arbitration. The Court disagreed, observing that the legislature had contemplated that employees covered by collective bargaining agreements would have the same right as other employees to raise a statutory claim (i.e., retaliatory discharge) in an agency, such as the Workers' Compensation Commission.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Williams v. City of New Haven, 329 Conn. 366, 2018 Conn. LEXIS 240 (July 3, 2018)
See generally Larson’s Workers’ Compensation Law, § 104.07.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law