Acknowledging that the concept of a statutory employer is to prevent an employer from avoiding liability under the workers’ compensation statutes by sub-contracting the work to others, the Supreme Court of Idaho recently held nevertheless that a statutory employer is not liable for worker's compensation benefits if the claimant's employment falls within the "casual employment" exemption from worker's...

Finding that the “plain, clear, unmistakable, unambiguous, mandatory, and unequivocal language” of 85 O.S. 2011 § 313(G) mandated that private employers, hiring off-duty municipal employees, should alone be responsible for the payment of workers’ compensation benefits arising from incidents occurring during the hours of actual employment by the private employer, the Supreme Court of Oklahoma recently...

An Arizona appellate court recently affirmed a finding by the state Industrial Commission that a claimant who worked for the International Foundation for Education and Self-Help ("IFESH") in its “Teachers for Africa” program was a volunteer and not an employee in spite of the fact that she received $600 as a “pre-departure” allowance, $350 for a “country settling-in” allowance...

Sixteen states generally exclude farm or agricultural labor.[fn1] The particular conditions limiting agricultural coverage vary widely, sometimes excluding employees with less than a certain amount of earnings, sometimes exempting casual or seasonal labor, sometimes excluding family members, and so on. In addition, a few states cover agricultural workers in certain circumstances, most commonly when employed in hazardous...

Griego et al. v. WCA et al. ; CV 2009-10130 (New Mexico’s Second Judicial District Court) In New Mexico, a state district court judge recently ruled that it is unconstitutional to exclude farm and ranch laborers from the New Mexico Workers’ Compensation Act (“Act”). Despite the fact that agricultural occupations are consistently ranked by the U.S. Bureau of Labor Statistics among the most dangerous...

The New York Times article about health care reform in agriculture, “Tacking Health Care Costs Onto California Farm Produce ” (Aug. 21) emphasized the views of the labor intermediaries, known as farm labor contractors, “who provide farmers with armies of field workers.“ The farm labor contracting system is a fundamental problem that deserved some explanation to help readers understand the conditions...

A oil-rig “floorman,” whose duties included assembling, cleaning, and disassembling blowout preventers and piping on oil rigs, was not a “seaman” under the Jones Act [46 U.S.C.S. §§ 30104-30105] since he failed to demonstrate a substantial connection to a vessel in navigation, as the Jones Act required for seaman status, held a Texas appellate court recently. Observing that injury aboard...

A worker engaged to assist the owners of a commercial building with the recoating of the building’s roof was an “employee” and not a “temporary worker” within the meaning of a commercial general liability policy,” held a Tennessee appellate court recently. Owners of a commercial building engaged Burns to assist with roof recoating at the site. He fell from the roof and sustained serious...

Attention Lexis Online Subscribers: The cites in this article link to lexis.com. The bracketed cites link to Lexis Advance. The W.C.A.B. has once again entered the hot button world of professional sports with another en banc decision, this time addressing the issue that it punted upon in the recently issued McKinley v. Arizona Cardinals decision (punted as the issue was not ripe for decision in this matter). In...

You've got to hand it to Mike Silverman. I count Mike among my dear friends and often find him at the top of my list of opponents. I have seen Mike in action recently as it relates to the client who speaks no English. Mike is fluent in Spanish and it is a thing of awe and wonder to watch him convey information to clients at a speed which rivals Nascar's best at Talladega. Issues of ethnicity aside, today's...

Here’s the third batch of advanced postings for the March 2013 issue of Cal. Comp. Cases. L e xis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. SCI/Ontrac, Dallas National Insurance, administered by Aspen Administrators, Petitioners v. Workers' Compensation Appeals Board, Jennifer Alcedo, Respondents...

Folks, I will make this brief. If you want more detail check my posts of 2/9/12 and 10/25/12 regarding what happens when an illegal alien is deported and is thus not available for a ("DME"). The IAB as well as the Superior Court rejected the carrier's claim that the deportation worked a forfeiture based on Section 2353 incarceration status or Section 2343 failure/refusal to attend a DME......meaning a DME...

Larson's Spotlight on Illegal Aliens, Rehabilitation Services, Lump Sum, and Heart Attack. 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. KS: Inability to Accept Re-employment Because of Illegal Immigration Status Is No Bar to Work Disability Benefits The Supreme...

The Workers' Compensation Appeals Board has issued a decision in what can best be called a niche case involving professional sports specifically professional football. In McKinley v. Arizona Cardinals , the W.C.A.B. has issued an en banc decision specifically declining to exercise jurisdiction over the applicant's workers' compensation claim for injuries alleged to have been sustained during his career as...

Here’s the second batch of advanced postings for the January 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. City of Anaheim, PSI, Petitioner v. Workers' Compensation Appeals Board, Randall Quick, Respondents , 2012 Cal. Wrk. Comp. LEXIS 170 Injury AOE/COE—Off-Duty Athletic...

Lexis.com users can link to the citations below . This is the time of year to eat, drink and be merry, right? Perhaps it is worthwhile to take a moment and consider what happens, from a workers’ compensation perspective, when an intoxicated employee suffers an injury at work. Can that employee recover workers’ compensation benefits? Labor Code § 3600(a)(4) Labor Code § 3600 (a)(4) provides...

Here’s the third batch of advanced postings for the December 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Ecolab, Inc., New Hampshire Insurance Company, administered by Broadspire, Petitioners v. Workers' Compensation Appeals Board, David Contreras , Respondents , 2012 Cal...

Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it. Today is also special in that I heard from Brian Lutness, who was calling me to gloat about a very recent course and scope decision. Shades of my 11/13/12 post titled...

Larson's Spotlight on Unpaid Lunch Break, Exclusive Remedy, Cancer Presumption, and Advance Payment. 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. NC: Slip and Fall During Unpaid Lunch Break Sufficiently Connected to Employment to Support Claim A North Carolina...

By John Stahl, Esq. The phenomenon of roughly 20-percent of employees nationwide telecommuting at least part-time has required that workers’ compensation professionals routinely determine the extent to which harm that a telecommuter sustained met the basic workers’ compensation requirement of arising out of and within the course and scope of that person’s employment. The obvious issue related to...

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make sense, you might want to revisit my posts of 2/25/11 and 12/2/11, the latter aptly titled "Comfort & Joy: Glad Tidings from DE Appeals Court" -discussing...

Experts Explain High Cost of Employment Fraud By John Stahl, Esq. Fraud in the form of purposefully misclassifying workers’ employment status is comparable to a nation of slowly dripping faucets. Individually, this malfeasance usually lacks a significant impact. Cumulatively, it costs workers’ compensation insurers and employers who properly classify those who provide their businesses services a great...

Three beautiful children.....Ben, Allison and Chase. They belong to my partner Tim Lengkeek. Tim and his wife Michele make pretty kids. Tim makes even prettier law.....be it in work comp or otherwise. Today's post is a gift for all the neophyte comp lawyers. Nothing novel, nothing too intense.....when I checked my email after lunch just moments ago, here's what Tim sent to my in-box: "IAB holds that...

Here’s the third batch of advanced postings for the November 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Michael Barrow , Petitioner v. Workers' Compensation Appeals Board, Dallas Cowboys, et al., Respondents , 2012 Cal. Wrk. Comp. LEXIS 140 WCAB Jurisdiction—Extraterritorial...

This noteworthy California WCAB panel decision will be added to the LexisNexis Services. Employment Relationships; Employees; Franchisees. California WCAB reversed WCJ’s finding that applicant was a janitorial franchisee/independent contractor pursuant to franchise agreement with defendant at time of injuries, and held that based upon factors in S.G. Borello & Sons, Inc. , applicant was an employee of defendant...