Workers' Compensation

Recent Posts

Arizona: “Teachers for Africa” Participant Was Volunteer, Not Employee of Charity
Posted on 30 Aug 2013 by Larson's Spotlight

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... Read More

California Workers’ Comp Case Roundup (5/5/2015)
Posted on 5 May 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 4 April 2015 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... Read More

Pennsylvania: Personal Caretaker Was Independent Contractor, Not Employee
Posted on 18 Mar 2016 by Larson's Spotlight

A tax filing denoting self-employment, while a relevant factor, is not dispositive on the issue of employment status, nor is the existence of an employment or independent contractor agreement. Both are factors to consider, but by themselves, they were... Read More

California: Court Interpreter as Employee, Not Independent Contractor, Due to Employer Control
Posted on 4 Mar 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

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... Read More

Mississippi: Employer’s Effort to Categorize Worker as Independent Contractor Unsuccessful
Posted on 17 Apr 2015 by Larson's Spotlight

Substantial evidence supported the Commission’s finding that an injured worker was an employee, and not an independent contractor, where evidence suggested the worker, a car detailer, was required to work exclusively for the purported employer,... Read More

The Resilience of the Self-Employed
Posted on 11 Sep 2014 by LexisNexis Workers' Comp Law Newsroom Staff

Higher Quality of Life and Preventative Health Measures are Associated With Less Absenteeism and Presenteeism Technological advances, combined with the layoffs of the Great Recession, have altered the landscape of the American workforce. Some displaced... Read More

Presumption of Employment Applied to Hairdresser: Cal. Comp. Cases May Advanced Postings (4/22/2015)
Posted on 22 Apr 2015 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

Wife Entitled to Reasonable Value of Home Health Care Services for Injured Husband: Cal. Comp. Cases June Advanced Postings (6/14/12)
Posted on 14 Jun 2012 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the June 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. Allgreen... Read More

California Workers’ Comp Case Roundup (6/10/2015)
Posted on 10 Jun 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 5 May 2015 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... Read More

Failure to List Applicant as Employee and to Report Payroll Did Not Defeat Insurance Coverage: Cal. Comp. Cases June Advanced Postings (6/3/2015)
Posted on 3 Jun 2015 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

California: The Sticky Wicket That Is Home Health Care
Posted on 14 Mar 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases and statutes cited below. An injured employee’s entitlement to home health care is oftentimes a hotly contested issue in the workers’ compensation arena. Home health care issues can vary in nature... Read More

California: Top 25 Noteworthy Panel Decisions (January-June 2016)
Posted on 29 Jun 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2016. The list features a number of decisions addressing utilization review... Read More

Illinois: Truck Driver Was Independent Contractor, Not Employee
Posted on 19 Feb 2016 by Larson's Spotlight

In a decision that could have an impact on any Uber/Lyft litigation within the state of Illinois, an appellate court affirmed a decision by the state’s Workers’ Compensation Commission’s finding that a truck driver was an independent... Read More

Kentucky: Injury Sustained in Pre-Employment Physical Not Compensable
Posted on 25 Mar 2016 by Larson's Spotlight

Where a clerical worker sustained injuries during a pre-employment physical examination at a medical center, she could not recover workers’ compensation benefits because she was not an employee at the time of her injury, held the Supreme Court of... Read More

MO: Commission Rejects "Illegal Alien" Defense
Posted on 22 Jul 2011 by Martin Klug

The employer argued that the claimant was not entitled to any benefits because she was an illegal alien. The claimant, 42, admits she was trying to "work out" her immigration status. She admitted crossing the Mexican border illegally 19 years... Read More