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...
A District of Columbia appellate court has affirmed an ALJ’s finding that a claimant did not voluntarily limit her income and was entitled to continue receiving TTD payments related to a work-related injury in spite of the fact that she had been medically cleared for light work, had been offered light duty by the employer, and where the reason she could not perform the light duty was that she took her narcotic medication at a frequency greater than that advised by her physician. The court acknowledged the employer’s argument, that claimant’s self-directed over-medication constituted a voluntary action to limit her income, but held the ALJ’s decision was supported by competent evidence. The court noted that the ALJ made a finding that claimant’s narcotic medication made her feel drowsy on the days she tried to work and she appeared drowsy and disoriented at times during the workers’ compensation hearing in spite of the fact that she testified she had only taken the prescribed amount of medication prior to the hearing.
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 Marriott at Wardman Park v. District of Columbia Dep’t of Emp. Servs., 2014 D.C. App. LEXIS 54 (Mar. 6, 2014) [2014 D.C. App. LEXIS 54 (Mar. 6, 2014)]
See generally Larson’s Workers’ Compensation Law, § 84.04 [84.04]
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
_____________________________________________________________________
Price $99*; Books shipping now to customers!
Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get:
View the brochure & table of contents.
View sample pages.
Order online or contact Christine Hyatt at ph. 937-247-8166, or Email: Christine.E.Hyatt@lexisnexis.com.
*Price does not include sales tax, shipping or handling. Price subject to change without notice.