Reversing, in relevant part, an appellate panel’s determination that an injured roofer was an independent contractor, and not an employee of a roofing contractor for whom he was providing services, a South Carolina appellate court held that while... Read More
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
The Supreme Court of California held its earlier decision in Dynamex Operations West, Inc. v. Superior Court , (2018) 4 Cal.5th 903, 232 Cal. Rptr. 3d 1, 416 P.3d 1 , should be applied retroactively. That somewhat controversial decision set forth a three... Read More
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
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
Where a claimant presented herself at a potential employer's office, after being advised that she needed to attend an unpaid "orientation" session and then be paid for the rest of the day while training, she was entitled to workers'... Read More
An Arkansas appellate court held that while the payment (and collection) of workers' compensation insurance premiums based upon a particular worker's earnings was one factor to be considered in determining whether that worker was an employee or... Read More
Where the plaintiff and her husband contracted to drive a semi-truck for a trucking company, were both subject to termination by the company, and were not free to drive for other trucking companies, there was sufficient evidence of control to characterize... Read More
Where Tyson Farms contracted with a chick farm owner, who actually knew nothing about raising chickens, to raise chickens exclusively for Tyson according to strict guidelines and controls, Tyson could be deemed a co-employer of a worker at the farm who... Read More
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
Larson's Spotlight on Mental Injury, Jurisdiction, Disqualification for Benefits, Evidence of Disability, and Pain Impairment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More
Here’s the first batch of advanced postings for the August 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
CALIFORNIA COMPENSATION CASES Vol. 79 No. 6 June 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
CALIFORNIA COMPENSATION CASES Vol. 79 No. 4 April 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
CALIFORNIA COMPENSATION CASES Vol. 78 No. 4 April 2013 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