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’...
Issue 9 of the Workers’ Compensation Resources Research Report contains the first of a series of issues that provide an Overview of Workers’ Compensation. Part I discusses the origins of workers’ compensation programs in the U.S. early in the 20th century, the objectives of a modern workers’ compensation program, and a description of the current programs. As shown in Figure 1, in recent years both benefits and costs as a percent of payroll have been near their low points for the period since 1980.
Part II examines the coverage of employees and employers by current workers’ compensation programs. About 90 percent of the employed U.S. workforce are in firms who are legally required to provide coverage. Actual coverage is less in many jurisdictions, however.
Part II also examines which injuries and diseases are compensable. The four traditional tests to establish legal causation for injuries have been tightened in many jurisdictions. The traditional tests to establish legal causation for diseases have also become even more restrictive in many states. As a result, a substantial portion of work-related injuries and diseases do not receive workers’ compensation benefits.
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