Workers' Compensation

Recent Posts

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

Federal: Tennessee Employee May Not Sue Statutory Employer for Work-Related Injury
Posted on 24 Jan 2014 by Larson's Spotlight

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

Missouri: Hair Dresser Killed at Salon Receives No Benefits
Posted on 21 Mar 2012 by Martin Klug

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 Workers' Compensation Case Roundup (1/2/2016)
Posted on 2 Jan 2016 by California Compensation Cases Staff

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

Joint and Several Award Against Multiple Defendants in Cumulative Trauma Case: Cal. Comp. Cases July Advanced Postings (7/11/2013)
Posted on 12 Jul 2013 by California Compensation Cases Staff

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 Recent Cases: No Offset Against Workers’ Comp Benefits Allowed for Unemployment Benefits
Posted on 5 Apr 2013 by Larson's Spotlight

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

Independent Contractor Required to Transfer Medical Care Into MPN: Cal. Comp. Cases October Advanced Postings (10/10/2013)
Posted on 10 Oct 2013 by California Compensation Cases Staff

Here’s the third batch of advanced postings for the October 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

Penalty for Abruptly Withdrawing Authorization for Opioid Pain Medication: Cal. Comp. Cases July Advanced Postings (7/16/2014)
Posted on 16 Jul 2014 by California Compensation Cases Staff

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

Pennsylvania: Independent Contractor Agreement Signed After Injury Does Not Alter Worker’s Status as Employee
Posted on 24 Jul 2015 by Larson's Spotlight

A Pennsylvania painter who signed an agreement indicating that he was an independent contractor after he was discharged from a hospital following work-related injuries was an employee and not an independent contractor, held a state appellate court. As... Read More

Black Mold Aggravates Applicant’s Pre-Existing Asthma: Cal. Comp. Cases February Advanced Postings (2/13/2014)
Posted on 14 Feb 2014 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the February 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... Read More