By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Practitioners beware! Death benefit trials often raise intricate and unique evidentiary conundrums. Obtaining...
Oakland, CA – California’s State Average Weekly Wage (SAWW) rose nearly 3.8 percent in the year ending March 31, 2024, which will result in an increase in California workers’ compensation...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 10 October 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. Robert G. Rassp, Presiding Judge, WCAB Los Angeles, California Division of Workers’ Compensation Disclaimer: The material and any opinions contained in this article are solely those of...
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...
An Ohio appellate court found that Ohio’s Industrial Commission acted within its discretion with it determined that the ordinarily daily activity of cleansing after using the toilet, which resulted in the exacerbation of the claimant's allowed conditions for disc protrusion, herniated disc, and lumbar radiculopathy, was not of sufficient magnitude to break the causal connection between the work-related injury and the allowed claim. Here, claimant sustained a work-related injury to her back in 2009, reached MMI in 2012, underwent a 2015 MRI that showed disc herniation at L4-L5, posterior annular tear and posterior disc bulge at L5-S1 and other issues. She presented to an ER on 4/11/2016, with acute exacerbation of her chronic back pain and required surgery the following day. The employer contended claimant had suffered an intervening injury that broke the causal connection with the original injury. The Commission disagreed.
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
See State ex rel. Bravo Brio Rest. Grp., Inc. v. Industrial Comm’n of Ohio, 2018-Ohio-2735, 2018 Ohio App. LEXIS 2942 (July 12, 2018)
See generally Larson’s Workers’ Compensation Law, § 131.03.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law