Board Panel Opinion Provides a Succinct Explanation By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board The process for...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 4 April 2024 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...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Several months ago, an article in LexisNexis Workers’ Compensation...
By William Tappin, Esq., Law Offices of Tappin & Associates, Sierra Madre, CA There has been a lot of confusion with respect to whether ERISA preempts state laws regarding numerous programs, including...
By Thomas A. Robinson, co-author, Larson’s Workers’ Compensation Law Editorial Note: All section references below are to Larson’s Workers’ Compensation Law, unless otherwise indicated...
Quoting Larson’s Workers’ Compensation Law, a Florida appellate court reversed a trial court’s ruling that a firm was immune from tort liability because the injured party was its “borrowing servant.” The appellate court indicated that there was a presumption that the injured party was not a borrowed servant. Moreover, it was not clear which of two entities contracted for the injured party's services, supervised him, or benefitted from his work. It was also unclear whether the defendant company had the power to control the details of the injured party's work since there was testimony that the injured party was partly supervised by a general employer. The factual issues precluded summary judgment on the issue.
Reported by Thomas A. Robinson, J.D.
LexisNexis Online Subscribers: Citations below link to Lexis
See Suarez v. Transmontaigne Servs., Inc., 2013 Fla. App. LEXIS 19195 (Dec. 4, 2013)
See generally Larson’s Workers’ Compensation Law, § 67.01
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.