By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Just when you thought the right of “due process” was on the brink of destruction, the legislature...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Over the past several decades California has implemented broad legislative...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 9 September 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 Thomas A. Robinson, co-author, Larson’s Workers’ Compensation Law Editorial Note: All section references below are to Larson’s Workers’ Compensation Law, unless otherwise indicated...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board One of the most common reasons evaluating physicians flunk the apportionment validity test is due to their...
Conn. Gen. Stat. § 31–293a creates several exceptions to the otherwise applicable rule that a workers’ compensation claim for benefits is the exclusive remedy that an employee may pursue against a fellow employee. One such exception allows the injured employee to proceed in tort against the fellow employee if the former’s injuries are based on the fellow employee’s negligence “in the operation of a motor vehicle.” A Connecticut appellate court held that a “payloader”—a type of front-end loader—was the sort of “special mobile equipment” not included within the meaning of “motor vehicle.” Quoting Larson’s Workers’ Compensation Law, the court ruled that the exception to exclusivity did not apply and a wrongful death action filed against the fellow employee was, therefore, barred by the exclusive remedy rule.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Abendroth v. Moffo, 2015 Conn. App. LEXIS 139 (to be officially released, Apr. 21, 2015) [2015 Conn. App. LEXIS 139 (to be officially released, Apr. 21, 2015)]
See generally Larson’s Workers’ Compensation Law, § 111.03 [111.03]
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