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

United States: Divided 9th Circuit Panel Reverses District Court’s Injunction Related to California AB-5
Posted on 22 May 2021 by Thomas A. Robinson

A divided panel of the Ninth Circuit Court of Appeals reversed a decision by a federal district court sitting in California that had issued an order temporarily enjoining enforcement of the controversial Assembly Bill 5, which had codified the judge-made... Read More

Idaho: Skydiving Instructor's Body is not "Equipment" for Purposes of Determining Employment Relationship
Posted on 20 May 2020 by Thomas A. Robinson

Based on the record evidence, an Idaho skydiving instructor may have been an employee, not an independent contractor, held the state's Supreme Court. The Court said the matter should be remanded for a proper determination since the magistrate court... 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

New York: Employee/Independent Contractor Status Must be Determined by Board
Posted on 28 Nov 2018 by Thomas A. Robinson

A New York appellate court recently ruled that a state trial court was beyond its powers when it determined that an injured worker was an independent contractor and not an employee. Such a determination was for the state’s Workers’ Compensation... Read More

Larson’s Spotlight on Recent Cases: Mother of Injured Worker Dies From Stress Related to Comp Claim
Posted on 19 Nov 2012 by Larson's Spotlight

Larson's Spotlight on Exclusive Remedy, Fraud, Forfeiture of Future Disability Rights, and Extraordinary and Unusual. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

North Dakota: Employer Need Not Report Day-to-Day Fluctuations in Employment Numbers to Workforce Safety and Insurance
Posted on 5 Jun 2015 by Larson's Spotlight

The Supreme Court of North Dakota held that an employer did not lose its right to interpose the exclusive remedy defense in a civil action filed against it by an employee where the issue of the worker’s employment status had been litigated between... Read More

North Carolina: Members of LLC Are Not “Employees” Unless Special Statutory Procedure Followed
Posted on 8 May 2015 by Larson's Spotlight

N.C. Gen. Stat. § 97–93 generally requires employers to secure workers’ compensation coverage if three or more persons are employed. Under a separate provision, N.C. Gen. Stat. § 97–2(2), a member of a limited liability company... Read More

New York: Department Store Model is Employee of Skin Care Company
Posted on 12 Jan 2018 by Thomas A. Robinson

A "skin care specialist and spokesmodel,” who worked in a Bloomingdale's department store, was the employee of the skin care company whose products the model demonstrated, held a New York appellate court, affirming a decision of the state’s... Read More

New Jersey: Trial Court Has Concurrent Jurisdiction With Division of Workers’ Comp to Determine Employment Status
Posted on 19 Jun 2015 by Larson's Spotlight

When there is a genuine dispute regarding a worker’s employment status, and the worker elects to file a complaint only in the Superior Court Law Division, the Superior Court has concurrent jurisdiction with the Division of Workers’ Compensation... Read More

California: Private Citizens Assisting Police May Not Sue in Spite of Being Lured to Murder Scene
Posted on 8 Jun 2018 by Thomas A. Robinson

In a case involving an utterly bizarre fact pattern, a California appellate court held that a civil action for negligence and misrepresentation filed by two private citizens against a California county was barred by the exclusive remedy provisions in... Read More

Larson's Spotlight on Recent Cases: Federal RICO Cause of Action
Posted on 12 Nov 2012 by Larson's Spotlight

Larson's Spotlight on RICO, Ex Parte Communication, Penalties and Reemployment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has... Read More

Federal: Seventh Circuit Says FedEx Drivers Are Employees, Not Independent Contractors
Posted on 10 Jul 2015 by Larson's Spotlight

In a case construing the Kansas Wage Payment Act (“KWPA”), but also having important implications for the workers’ compensation arena, the U.S. Court of Appeals for the Seventh Circuit has held that drivers for FedEx Ground Package System... Read More