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...
COMPLEX EMPLOYMENT ISSUES FOR CALIFORNIA WORKERS' COMPENSATION A new softbound supplement to Rassp & Herlick, California Workers’ Compensation Law 284 pages PIN #0006801214509 For...
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...
Quoting Larson’s Workers’ Compensation Law, the Supreme Court of Kansas reiterated that “idiopathic” and “unknown” do not have the same meaning; the use of the former in Kan. Stat. Ann. § 44-508(f)(3)(A)(iv)(2018) means that claims are disqualified where the accident or injury arose directly or indirectly from idiopathic causes that are peculiar to the injured individual, not where the circumstances surround the alleged accidental injury are merely unknown.Accordingly, where a worker fell down a workplace stairway, had no recollection of falling and there were no witnesses, it was error for the Board to conclude that the fall was due to “idiopathic causes.” That the cause of unknown did not make it idiopathic.
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 Estate of Graber v. Dillon Cos., 2019 Kan. LEXIS 67 (Apr. 12, 2019)
See generally Larson’s Workers’ Compensation Law, § 4.01.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see