By Robert G. Rassp, author of The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation (LexisNexis) Disclaimer: The material and any opinions contained in this treatise are...
Oakland, CA – Private self-insured claim volume in the California workers' compensation system fell 9.5% in 2023, producing the biggest year-to-year decline in private self-insured claim frequency...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board No matter the source of your media consumption, it seems that the topic...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Who doesn’t agree with the fact that “[w]e should not interpret or apply statutory language...
When do the exclusivity provisions of Labor Code section 3600 permit an action for law at damages? By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’...
Reversing a decision of a state appellate court that had vacated the judgment of the circuit court as having been entered without subject matter jurisdiction because the claimant’s action for judicial review had been filed more than 20 days after the claimant's attorney received the Commission's decision, a divided Supreme Court of Illinois recently held that the “mailbox rule” applied to such appeals; it should be considered filed in the circuit court when placed in the mail, not when it was actually received by the court. Accordingly, since all required documents were mailed to the clerk by the 20th day after receipt of the Commission’s decision by claimant’s attorney, jurisdiction vested with the circuit court.
Reported by Thomas A. Robinson, J.D.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Gruszeczka v. Illinois Workers’ Comp. Comm’n, 2013 IL 114212, 2013 Ill. LEXIS 849 (Aug. 1, 2013) [2013 Ill. LEXIS 849 (Aug. 1, 2013)]
See generally Larson’s Workers’ Compensation Law, § 124.08 [124.08]
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