Workers' Compensation

Recent Posts

South Carolina: “Self-Employed” Roofer May Have Been Employee of Other Firm
Posted on 3 Aug 2021 by Thomas A. Robinson

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

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

California: State Supreme Court Applies Dynamex Decision Retroactively
Posted on 24 Jan 2021 by Thomas A. Robinson

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

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

Oregon: Orientation Session Injury Found Compensable
Posted on 26 Oct 2020 by Thomas A. Robinson

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

Arkansas: Carrier's Requirement that Premiums Be Based on Worker's Earnings Did Not Mean He Was an Employee
Posted on 27 Apr 2020 by Thomas A. Robinson

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

Georgia: Right to Control, Not the Exercise of That Control, Determines Employment Relationship
Posted on 28 Mar 2020 by Thomas A. Robinson

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

Maryland: Poultry Producer Deemed to be Co-Employer of Chicken Farm Worker
Posted on 19 Dec 2019 by Thomas A. Robinson

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

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

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

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

California Workers' Comp Case Roundup (7/10/2014)
Posted on 10 Jul 2014 by California Compensation Cases Staff

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 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

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