Position paper presented at CSIMS 2024 by Hon. Robert G. Rassp, Chairman of the Board of Directors, Friends Research Institute (friendsresearch.org) Disclaimers: The opinions expressed in this article...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 8 August 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. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board The June 13, 2024 edition of the LexisNexis Workers’ Compensation...
LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2024. The first...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board It is well understood that the California Insurance Guarantee Association...
A cook, who spent approximately 6 out of a total of 195 days of his employment engaged in seaman’s work aboard the quarterbarge UNITY was not a seaman under the 30 percent status test set forth in Chandris, Inc. v. Latsis, 515 U.S. 347 (1995), held a federal district court. Accordingly, he could not maintain a Jones Act case against his employer. The court observed that most of the work performed by the cook occurred on fixed drilling platforms. His work aboard the UNITY was only temporary; it did "not constitute the kind of regular or continuous commitment of his labor to the service of that vessel that regularly exposed him to the perils of the sea within the meaning of Chandris.
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 Martin v. Fab-Con, Inc., 2014 U.S. Dist. LEXIS 31913 (E.D. La., Mar. 12, 2014) [2014 U.S. Dist. LEXIS 31913 (E.D. La., Mar. 12, 2014)]
See generally Larson’s Workers’ Compensation Law, § 146.02 [146.02]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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