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...
Payments made to an injured employee under an employer’s short-term disability may not be used to offset amounts owed to the employee for the same period of disability under the employer's self-funded, self-administered, short-term disability (STD) plan, held the Supreme Court of Minnesota. The Court initially acknowledged that public opinion disfavored a double recovery. Further, it recognized the employer’s concern that was effectively penalized for maintaining an additional wage-loss benefit for its employees suffering a covered workers’ compensation injury, and through this STD program, immediately paying benefits to its employee when an injury occurred. Nevertheless, in the absence of a legislative offset provision, the Court could not create one. The Court added that if a different result was necessary, the Legislature — not the Judiciary — had to act.
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 Bruton v. Smithfield Foods, 2019 Minn. LEXIS 91 (Feb. 27, 2019)
See generally Larson’s Workers’ Compensation Law, § 157.05.
Source:Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law