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
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
A Washington appellate court recently affirmed an assessment of almost $1 million in workers’ compensation premiums, penalties, and interest against a Seattle delivery service company that had argued its drivers were independent contractors and... Read More
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
In a split decision, the Supreme Court of Michigan held that MCLS § 418.171(4)—a provision that prohibits the misclassification of certain employees in order to avoid workers’ compensation liability—did not apply to a plaintiff... Read More
Where a restaurant owner hired an experienced remodeler to complete work at the restaurant prior to its opening, neither the owner nor the restaurant was engaged in the “construction industry,” held the Supreme Court of Pennsylvania. Accordingly... Read More
An Ohio court affirmed a finding that a logger was an independent contractor and not an employee, where evidence indicated the logger was hired at a rate of $80 per day, the logger had represented that he had extensive experience in logging, the logger... Read More
Noting that Tennessee courts have held that the exclusive remedy rule protects statutory employers from tort claims by employees of their subcontractors for injuries covered by the Tennessee workers' compensation act, even if the immediate employer... Read More
Claimant worked at a Kansas City, Missouri hair salon and cut hair. He was at home with his two small children in April 2009 when another hair dresser asked him to cover his appointments. When he arrived at the salon, an unknown robber shot him in the... Read More
CALIFORNIA COMPENSATION CASES Vol. 80 No. 12 December 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
Here’s the third batch of advanced postings for the July 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
Larson's Spotlight on Offset, Retirement, Independent Contractor, and Choice of Law/Forum. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More
Here’s the fourth batch of advanced postings for July 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 reserved... Read More