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

New York: Construction Worker Fails to Show that Plaintiff’s Employer Was a Borrowing or Special Employer
Posted on 3 Aug 2021 by Thomas A. Robinson

A New York appellate court held there was conflicting evidence as to whether the plaintiff’s employer had the right to exercise control over a construction worker who was performing sheetrock work at the employer’s premises. Accordingly, the... 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

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

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

Washington: Employee Mischaracterization Results in $1 Million Assessment in Premiums, Penalties and Interest
Posted on 16 Jun 2019 by Thomas A. Robinson

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

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

Michigan: Employee May Not Use Misclassification Statute to Sue Employer in Tort
Posted on 13 Jul 2018 by Thomas A. Robinson

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

Pennsylvania: Construction Workplace Misclassification Act Does Not Apply to Restaurant Remodeling Job
Posted on 6 Jul 2018 by Thomas A. Robinson

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

Ohio: Ohio Logger is Independent Contractor, Not Employee
Posted on 6 Jul 2018 by Thomas A. Robinson

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