Five Recent Cases You Should Know About (5/31/2010)

Larson’s Spotlight on Sheepherder’s Death in Recreational/Social Event, Employee vs. Independent Contractor (Tattoo Artist, Sheetrock Worker), Co-Worker as Uninsured Motorist, and Return to Work/Light Work Duties. 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.

WY: Sheepherder’s Death Following Argument With Another Sheepherder Did Not Arise Out of and in the Course of Employment

The death of a sheepherder, who was on call 24 hours a day, 7 days per week, who had helped another sheepherder with his chores, and who was shot and killed by the other sheepherder after the two had consumed a considerable amount of beer and began arguing, did not arise out of and in the course of the employment, but was sustained during “recreational or social events where the employee had no duty to attend,” held the Supreme Court of Wyoming.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Wyo. LEXIS 70. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 24.02.

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VA: Tattoo Artist Killed in Armed Robbery Was Not Employee, But Independent Contractor

A tattoo artist, who died of a gunshot wound sustained when the artist and a tattoo parlor patron were robbed in one of the parlor’s rooms, was not an employee of the parlor, but was an independent contractor.  His personal representative was not entitled to death benefits under the workers’ compensation law, held the Court of Appeals of Virginia recently.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Va. App. LEXIS 212. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 61.03.

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CT: Worker Injured in Car Wreck May Not Recover Under Uninsured Motorist Portion of Her Auto Policy Where Driver Was Co-Employee and Not Susceptible to Suit

An employee, who suffered injuries in an auto accident in which she was a passenger and her supervisor/co-employee was the driver, could not recover uninsured motorist benefits did not qualify for UM benefits under Del. Code Ann. tit. 18, § 3902, since she was not "legally entitled to recover" damages from the co-employee, held a Delaware appellate court.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Del. Super. LEXIS 211. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 110.05.

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NY: Injured Sheetrock Worker Was Employee and Not Independent Contractor in Spite of Minimal Supervision of Duties

A sheetrock worker, who was hired in the parking lot of a home improvement store, provided daily transportation between the store and the worksite, who was instructed as to what work needed to be done, supplied with spackle, spackling tools and a ladder, and who was paid daily in cash was an employee, and not an independent contractor, held a New York appellate court.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 N.Y. App. Div. LEXIS 4196. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 61.03.

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NC: Refusal to Allow Choice of Physician and Refusal to Allow Worker to Return to Light Work Duties Could Not Support Tort Liability for Alleged Retaliatory Discrimination

The employer’s refusal to allow an injured worker to choose her physician and its refusal to allow the injured worker to return to light duty were not “retaliatory actions” under North Carolina’s Retaliatory Discrimination Employment Act; the plaintiff’s claims were exclusively within the jurisdiction of the Industrial Commission, held the Court of Appeals of North Carolina recently.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 N.C. App. LEXIS 841. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 104.07.

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Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

 Offer good through June 2010.