LexisNexis® Legal Newsroom
Larson’s Spotlight on Recent Cases: Clash of Medical Opinions Over Surgery to Correct Injured Worker’s Enlarged Breast Condition

Larson's Spotlight on Conflict of Medical Opinions, Future Medical Payments, Employer's Safety Rules, and Lump-Sum Settlement. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...

California Workers' Comp Case Roundup (5-4-2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 4 April 2012 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 Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2012 LexisNexis. All rights reserved...

Immigrants Without Papers Find Paths to College, Careers

"Going to college seemed inconceivable when Adriana Sanchez, the 12-year-old daughter of farm workers, was brought from Mexico to Central California and the family overstayed their visas. Even though Sanchez excelled in high school, she was in the country illegally, lacked a Social Security number...

Larson’s Spotlight on Recent Cases: After 2010 Oklahoma Statutory Amendment, “Substantially Certain” Doctrine No Longer May Be Utilized to Establish Intentional Tort Claim Against Employer

Larson's Spotlight on Intentional Tort, Increased Risk Doctrine, Job Termination, and Independent Contractor. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list...

Workers' Comp Fraud Blotter (7/19/2012) – Movin’ On Good Buddy: Disabled Truck Driver Crosses State Line To Keep On Trucking

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Presumption of Employee Status Applied to Maintenance Worker Who Lacked Contractor License: Cal. Comp. Cases August Advanced Postings (8/7/2012)

Here’s the second batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Matthew Lawrence Construction, insured by Granite State...

Split Panel Finds Independent Contractor Status for Auto Body Repairer: Cal. Comp. Cases October Advanced Postings (9/26/2012)

Here’s the first batch of advanced postings for the October 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnote and summary . © Copyright 2012 LexisNexis. All rights reserved. Edmond Ziraki , Petitioner v. Workers' Compensation...

Larson's Spotlight on Recent Cases: Federal RICO Cause of Action

Larson's Spotlight on RICO, Ex Parte Communication, Penalties and Reemployment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. US: State Cannot...

Trucker as Independent Contractor Based on SG Borello Factors: Cal. Comp. Cases April Advanced Postings (3/27/2013)

Here’s the first batch of advanced postings for the April 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Harjinder Singh (Dec’d), and...

Larson’s Spotlight on Recent Cases: No Offset Against Workers’ Comp Benefits Allowed for Unemployment Benefits

Larson's Spotlight on Offset, Retirement, Independent Contractor, and Choice of Law/Forum. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. ...

Construction in Texas: Workers Underpaid, Contractors Skirting the Law

In this blockbuster 2-part report by NPR's Wade Goodwin , construction in Texas comes under the microscope. Highlights: April 10, 2013 - "Homebuilding and commercial construction may be an economic driver for the state, but it's also an industry riddled with hazards. Years of illegal...

Larson’s Spotlight on Recent Cases: High Threshold Exists to Stay Payment of Future Medical Benefits

Larson's Spotlight on Future Medical Benefits, Employee Status, Retaliatory Discharge, and Disfigurement. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Joint and Several Award Against Multiple Defendants in Cumulative Trauma Case: Cal. Comp. Cases July Advanced Postings (7/11/2013)

Here’s the third batch of advanced postings for the July 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Select Personnel Services, American...

Delivery Driver as Independent Contractor Under S.G. Borello Factors: Cal. Comp. Cases August Advanced Postings (7/30/2013)

Here’s the first batch of advanced postings for the August 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Elieser Barbosa, Petitioner v. Workers'...

Independent Contractor Required to Transfer Medical Care Into MPN: Cal. Comp. Cases October Advanced Postings (10/10/2013)

Here’s the third batch of advanced postings for the October 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Hattie Goings , Petitioner v. Workers'...

Federal: Tennessee Employee May Not Sue Statutory Employer for Work-Related Injury

Noting that Tennessee courts have held that the exclusive remedy rule protects statutory employers from tort claims by employees of their subcontractors for injuries covered by the Tennessee workers' compensation act, even if the immediate employer pays the entire workers' compensation claim...

Black Mold Aggravates Applicant’s Pre-Existing Asthma: Cal. Comp. Cases February Advanced Postings (2/13/2014)

Here’s the latest batch of advanced postings for the February 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. City of Oakland, PSI, administered...

Federal: Ninth Circuit Says Truck Drivers Were Employees, Not Independent Contractors

Reversing a decision of a federal district court (Southern District of California), the Ninth Circuit Court of Appeals held that the totality of the undisputed facts indicated that various truck drivers were employees of defendant and not independent contracts, since the company had the right to control...

Penalty for Abruptly Withdrawing Authorization for Opioid Pain Medication: Cal. Comp. Cases July Advanced Postings (7/16/2014)

Here’s the fourth batch of advanced postings for July 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. County of Riverside, PSI, Petitioner v...

California Workers' Comp Case Roundup (8/8/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 7 July 2014 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 Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Employee and Self Employed Street Sign

Texas: Injured Employee of Non-Subscribing Employer May Not Proceed Directly Against Employer’s Liability Insurer

In a per curiam order, the Supreme Court of Texas held that a worker could not proceed directly against a non-subscribing employer’s general liability insurance carrier until it had been established, by judgment or agreement, that the employer had a legal obligation to pay damages to the injured...

North Carolina: Evidence Establishes Taxi Driver Was Independent Contractor, Not Employee

A North Carolina appellate court affirmed a decision by the state’s Industrial Commission that found a taxi driver was an independent contractor and not an employee and, accordingly, could not recover workers’ compensation benefits following an incident in which the driver was shot in the...

California: Court Interpreter as Employee, Not Independent Contractor, Due to Employer Control

In Hassan v. County of Los Angeles , 2015 Cal. Wrk. Comp. P.D. LEXIS 18 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 18 (Lexis Advance), a split panel WCAB affirmed the WCJ and held that the applicant, a court interpreter, who suffered industrial injury to multiple body parts, was an employee of the...

The “Uberization” of Jobs: Employee or Independent Contractor?

To not apply the possibly antiquated rules set forth in Borello to the new “share” economy could mean that thousands of new workers in California go without necessary protections The Uber business model could be a sea change in how many of us work and how we think about our jobs—think...