The 2nd District Court of Appeals has reversed a Workers' Compensation Appeals Board decision that refused to apply the presumption of causation for cancer to a firefighter based on the amendment to Labor Code § 3212.1, which became effective after diagnosis but before trial.
In ...Read More
I was entertained by an article this morning on WorkCompCentral regarding a drug manufacturer that is suing the U.S. Food and Drug Administration for infringing its right to free speech. Amarin Pharma is upset that it cannot market its fish oil drug for "off-label" uses. You can't m...Read More
NEW! Coleman v. American Airlines, 1D14-2232, (04/22/2015): The 1st District Court of Appeal ruled that a worker who lost her comp claim was liable for her employer's reasonable defense costs, but not for the extra deposition transcript costs.
NEW! Limith v. Lenox on the Lake, 1D14-37...Read More
NEW! Perez v. Southeastern Freight Lines, 1D14-3821, (03/20/2015): A Florida appellate court overturned a judge's decision to deny temporary total disability to a worker whose employer had stipulated to the compensability of his injury, finding the judge had applied the wrong standard of proo...Read More
NEW! American Airlines v. Hennessey, 1D14-3604, (02/23/2015): The 1st District Court of Appeal overturned an award of payment to an injured worker for the attendant care services he received from his wife.
NEW! Roof Painting by Hartzell v. Hernandez, 1D14-0112, (02/16/2015): The 1st Distr...Read More
JURISDICTION AND SUBROGATION
In White v. WCAB, 2014 Cal. Wrk. Comp. LEXIS 183 (writ denied), the WCAB affirmed a WCJ's decision that an employer was 5% negligent in causing the applicant's injuries, that 95% percent of the negligence was attributed to a third party and that, there...Read More
Traumatic work-related deaths are a rare tragedy in America. As measured by the Bureau of Labor Statistics, 4,405 workers died on the job in 2013. We are far from the killing fields of a century ago, when Pittsburgh alone accounted for over 400 work fatalities a year.
Yet work deaths have...Read More
NEW! Lane v. Workforce Business Services, 1D14-959, (11/12/14): The Florida 1st District Court of Appeal ruled that sanctions allowed in civil courts for the deliberate maintenance of a baseles...Read More
The California Division of Workers’ Compensation has yet to unveil opioid guidelines, though a draft was circulated for public comment in April.
The DWC isn’t the only California agency working on the topic.