Workers' Compensation

Recent Posts

Pennsylvania: Tow Truck Driver Was Employee of Towing Company
Posted on 22 May 2021 by Thomas A. Robinson

Noting that control of the work and the manner in which the work is accomplished is the key factor in the analysis of whether a particular worker is an employee or an employment relationship, the Commonwealth Court of Pennsylvania agreed with a determination... Read More

Maryland: High Court Says Tyson Farms Was Not Co-Employer of Local Poultry Farm Worker
Posted on 8 Dec 2020 by Thomas A. Robinson

Stressing there was a distinction between control over the workplace, on the one hand, and control of the worker, on the other, the Court of Appeals of Maryland reversed a decision of lower appellate court that had concluded Tyson Farms was a co-employer... Read More

Michigan: Part-time Bartender Was Independent Contractor, Not Employee
Posted on 8 Dec 2020 by Thomas A. Robinson

A Michigan appellate court held that a part-time bartender, who was "paid under the table," and who sustained a serious ankle injury when she tripped while working, was an independent contractor--not an employee of the bar. Accordingly, she... Read More

New York: No Recovery for Charity Work Without Actual Employment
Posted on 24 Oct 2019 by Thomas A. Robinson

Where a Red Cross volunteer sustained injuries as she loaded her private auto with volunteer materials, there could be no recovery for workers’ compensation benefits since there was no actual employer-employee relationship between the volunteer... Read More

Washington: Worker May Not Be Considered Borrowed Employee in Spite of Contract Clause Consenting to Such Designation
Posted on 27 Sep 2019 by Thomas A. Robinson

Where a worker entered into a contract with a labor broker that specified that the worker would be subject to the control of the firm to which he was assigned, that the firm to which he was assigned would be considered his “special employer,”... Read More

Ohio: Ohio Logger is Independent Contractor, Not Employee
Posted on 6 Jul 2018 by Thomas A. Robinson

An Ohio court affirmed a finding that a logger was an independent contractor and not an employee, where evidence indicated the logger was hired at a rate of $80 per day, the logger had represented that he had extensive experience in logging, the logger... Read More

Federal: Issue of Fact Regarding Control Means Tort Action May Proceed Against General Contractor
Posted on 22 Jan 2016 by Larson's Spotlight

Where a subcontractor’s worker sustained serious injuries when he attempted to use a grinder—owned by the project’s contactor and which did not have a required safety guard—and where there was a conflict in the evidence as to whether... Read More

Louisiana: Bonuses Paid at Start and Finish of Out-of-State Work Did Not Turn Travel Into Employment Activity
Posted on 22 Jan 2016 by Larson's Spotlight

A Louisiana appellate court affirmed summary judgment in favor of a defendant employer whose employee rear-ended a van, killing the van’s driver and causing catastrophic injuries to the plaintiff who was a passenger in the van. At the time of the... Read More

Illinois: Evidence of Control Supports Employment Relationship for Long-Haul Truck Driver
Posted on 8 May 2015 by Larson's Spotlight

A divided Illinois appellate court affirmed a decision awarding workers’ compensation benefits to a long-haul truck driver on the basis that he was an employee and not an independent contractor in spite of the fact that the driver owned and supplied... Read More