Workers' Compensation

Recent Posts

Five Recent Workers’ Comp Cases You Should Know About (9/23/2011) – Robberies Were Normal Condition of Work, So Mental Injury Claim Not Allowed
Posted on 23 Sep 2011 by Larson's Spotlight

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

Tags: disqualification , mental injury , disability , employment relationship , AMA Guides , Jurisdiction , false statement , robbery , reprehensible behavior , pain impairment

California Workers' Comp Case Roundup (5/4/2014)
Posted on 5 May 2014 by California Compensation Cases Staff

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

Tags: statute of limitations , attorney's fees , disability retirement , vicarious liability , negligence , employment relationship , civil actions , special employers , California workers compensation , uninsured employers , equitable estoppel , qualified medical examiners , public employees , general employers , exclusive remedy rule , subsequent injuries , equitable tolling

California Workers' Comp Case Roundup (5/3/2013)
Posted on 3 May 2013 by LexisNexis Communities Staff

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

Tags: dual employment , liens , civil action against employer , negligence , employment relationship , California workers compensation , lien activation fee , respondeat superior , Official Medical Fee Schedule , air ambulance

California Workers' Comp Case Roundup (7/3/2015)
Posted on 4 Jul 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 6 June 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

Tags: misrepresentation , insurance coverage , hirer's liability , injury aoe/coe , rescission , employment relationship , California workers compensation , victim restitution , arbitration clause , causation , misclassification , subcontractors , substantial evidence

Oregon: Injuries Sustained During “Orientation” Session Found Compensable
Posted on 27 Apr 2018 by Thomas A. Robinson

Where claimant had applied for a position with the purported employer, had been advised by that employer to attend an "orientation" and a paid training day, had arrived at the purported employer’s office at the appointed day and time,... Read More

Tags: employment relationship , pre-employment injury

Delivery Driver as Independent Contractor Under S.G. Borello Factors: Cal. Comp. Cases August Advanced Postings (7/30/2013)
Posted on 31 Jul 2013 by California Compensation Cases Staff

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

Tags: independent contractor , employment relationship , California workers compensation , delivery driver

Applicant Rebuts 16 Percent Scheduled Rating to Obtain Permanent Total Disability: Cal. Comp. Cases December Advanced Postings (12/16/2014)
Posted on 17 Dec 2014 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights... Read More

Tags: workers' compensation judges , injury aoe/coe , horseplay , opioids , Norco , employment relationship , permanent total disablity , California workers compensation , employee status , cumulative injury , permanent disability rating , bias , soma , vocational expert

Illinois: General Contractor May Not Take Advantage of Settlement Agreement It Did Not Sign
Posted on 23 Jun 2016 by Larson's Spotlight

Where a worker settled his workers’ compensation claim and signed a settlement agreement that released his direct employer and a purported general contractor from liability for any claims arising out of the worker’s work-related accident,... Read More

Tags: general contractor , employer , employment relationship , Illinois workers compensation , Settlement

Contract for Hire in California, Drug Testing, Corporate Umbrella: Cal. Comp. Cases January Advanced Postings (1/4/2014)
Posted on 4 Jan 2014 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the January 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights... Read More

Tags: employment relationship , Jurisdiction , California workers compensation , corporate umbrella , drug testing , contract for hire

California Workers' Compensation Cases Roundup (10/5/2012)
Posted on 5 Oct 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 9 September 2012 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

Tags: Case Law Developments , employment relationship , permanent disabililty , California workers compensation , going and coming rule

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

Tags: independent contractor , motor vehicle accident , employment relationship , employee status , Illinois workers compensation , control , truck driver

California Workers' Comp Case Roundup (12/10/2014)
Posted on 11 Dec 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 11 November 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... Read More

Tags: anti-SLAPP actions , legal malpractice , breach of fiduciary duty , employment relationship , California workers compensation , going and coming rule , FEHA , Fair Employment and Housing Act

California Workers' Comp Case Roundup (10/2/2015)
Posted on 2 Oct 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 9 September 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... Read More

Tags: lien claim , sanctions , independent contractor , hearing representative , IMR , joint employer , Appeals , employment status , employment relationship , California workers compensation , misclassification , contingent workers , independent medical review

New York: Opera Singer Can Sue Metropolitan Opera House for Injuries Sustained in Fall
Posted on 14 Jan 2017 by Thomas A. Robinson

A prominent opera singer at the Metropolitan Opera House is not an employee of the entertainment facility that featured her in more than 500 performances during his 23-year career; her employment contract was with her personal holding company and not... Read More

Tags: employment relationship , exclusive remedy

WCAB Lacked Jurisdiction for Out of State Injury When Contract of Hire Occurred in Georgia: Cal. Comp. Cases May Advanced Postings (5/18/2016)
Posted on 18 May 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the May 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

Tags: employment relationship , Jurisdiction , out of state injury , contract for hire