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...
Stressing that the state’s Workers’ Compensation Board was to be afforded significant deference to its decisions related to witness credibility, a New York appellate court affirmed a Board finding that a nurse’s work-related stress did not exceed that which could be expected in her normal work environment and that the actual genesis of her mental injuries was her involvement in a disciplinary proceeding taken in good faith by her employer. Accordingly, under N.Y. Work. Comp. Law § 2[7], she could not maintain a mental injury claim where it appeared her claim arose from her dismissal from work and her subsequent reinstatement to the job—after a six-month suspension.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Matter of Novak v St. Luke’s Roosevelt Hosp., 2017 N.Y. App. Div. LEXIS 2437 (3rd Dept. Mar. 30, 2017)
See generally Larson’s Workers’ Compensation Law, § 56.04.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law