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April 22, 2024
California Division of Workers’ Compensation Posts Updated Time of Hire Notice April 22, 2024
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| | Lunchroom Claims Buffet
By Robert Warne - February 19, 2003California isn’t the only place a loose workers’ compensation claim has a chance in court these days. With legislation on the table California lawmakers want to more clearly define a work related claim to avoid what’s going on in the land down under, where Australian officials are outraged over the liberal direction their courts are headed.
The uprising is over a $300 lunch break apple peeling cut claim that has cost nearly $100,000 to fight.
Mario Hegedis’ claim was first denied by his employer, Carlton and United Breweries and the state entity, Workcover Authority. But since then he successfully appealed his case to the Victorian Supreme Court.
Workcover has backed Carlton and United financially in this matter because both are concerned that a verdict in the claimant’s favor may have far reaching implications on future claims.
They believe that if the claim is upheld in court there will be nothing to stop an employee from filing a work comp claim for appendicitis or even something as insignificant as an employee burning his nose while lighting a cigarette.
In an attempt to tighten down the work comp screws in California, State Assemblyman Dennis Mountjoy, R-Monrovia, introduced AB 431, Feb. 14.
His proposed legislation “would provide that workers' compensation laws be liberally construed only after it is determined that an injury in the course of employment has occurred and the injury is both a ‘specific’ injury, as defined, and results in serious physical or bodily harm.”
It is still early in the legislative session, but if this bill goes the distance it could be fire insurance so Californians don’t get burned like the Aussies.
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