Workers' Compensation

Recent Posts

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

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

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

Illinois: City Water Meter Reader Is Employee and Not Independent Contractor
Posted on 2 Jan 2016 by Larson's Spotlight

A water meter reader was an employee of the city and not an independent contractor where it exercised considerable control over her labor—the worker was required to read 1200 meters during an allotted time frame and during the daylight hours; she... 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

Iowa: Subjective Intent Does Not Ordinarily Determine the Issue of Employment Status
Posted on 25 Apr 2014 by Larson's Spotlight

An Iowa appellate court held that substantial evidence supported the workers' compensation commissioner's conclusion that an injured worker who worked for an hourly wage as a carpenter, at sites and times dictated by the employer, was an employee... 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

Laborer in Work Release Program Was Employee of County: Cal. Comp. Cases Advanced Postings October 2016
Posted on 12 Oct 2016 by California Compensation Cases Staff

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