Workers' Compensation

Recent Posts

Larson’s Spotlight on Recent Cases: Undocumented Worker’s Permanent Loss of Earning Capacity
Posted on 1 Mar 2013 by Larson's Spotlight

Larson's Spotlight on Undocumented Worker, Employee Status, Borrowing Employer, and Tort Action Against Third Party. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Massachusetts: Independent Contractor Statute’s Definition of “Employee” Does Not Trump Workers’ Compensation Law
Posted on 11 May 2018 by Thomas A. Robinson

The definition of “employee” contained within the Massachusetts independent contractor statute (Mass. Gen. Laws Ann. ch. 149, § 148B), does not displace the definition of “employee” contained in the state’s workers’... Read More

Virginia: Injured Worker Not an Employee Where General Contractor Had Essentially No Control Over His Activity
Posted on 25 Aug 2017 by Thomas A. Robinson

Where there was virtually no evidence that a construction worker’s actions were controlled by the purported employer and where it also appeared that the purported employer exercised little, if any, control over the injured worker’s work or... Read More

North Carolina: Injured Construction Worker Was Independent Contractor, Not Employee
Posted on 21 Jul 2017 by Thomas A. Robinson

The North Carolina Industrial Commission did not err in concluding that plaintiff (“Bentley”) was an independent contractor—and not an employee—of a construction company where it appeared, in relevant part, that Bentley held himself... 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

Federal: District Court Finds Firm’s Truck Drivers Are Employees, Not Independent Contractors
Posted on 8 Aug 2014 by Larson's Spotlight

A federal district court held that a trucking company’s drivers were employees, rather than independent contractors where, among other things, none of the drivers maintained a separate trucking business, none held himself out to the public as a... Read More

Trucker as Independent Contractor Based on SG Borello Factors: Cal. Comp. Cases April Advanced Postings (3/27/2013)
Posted on 27 Mar 2013 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the April 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights... Read More

Michigan: Truck Driver Held to Be Steel Company’s Employee for Exclusive Remedy Purposes
Posted on 24 Apr 2015 by Larson's Spotlight

A driver who leased a semi-truck and trailer from one firm and, pursuant to an arrangement with a transportation broker, transported steel for the defendant corporation was the latter’s employee for purposes of workers’ compensation since... Read More

California Workers' Comp Case Roundup (8/8/2014)
Posted on 8 Aug 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 7 July 2014 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

Presumption of Employee Status Applied to Maintenance Worker Who Lacked Contractor License: Cal. Comp. Cases August Advanced Postings (8/7/2012)
Posted on 7 Aug 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Matthew... Read More

Courier Was Employee, Not Independent Contractor: Cal. Comp. Cases March Advanced Postings (3/14/2013)
Posted on 14 Mar 2013 by California Compensation Cases Staff

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... Read More

Five Recent Cases You Should Know About (11/19/2010)
Posted on 19 Nov 2010 by Larson's Spotlight

Larson's Spotlight on Psychiatric Injury, Domestic Servant, Tort Claim, Employee Status, and LHWCA Coverage. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More