Workers' Compensation

Recent Posts

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

Tags: injunction , employment status , independent contractors , employee status , AB 5 , california workers' compensation

Applicant Asserts Marital Privilege to Bar Testimony on Drug Use: Cal. Comp. Cases February Advanced Postings (2/24/2012)
Posted on 24 Feb 2012 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. ... Read More

Tags: Case Law Developments , Apportionment , California , California workers compensation , independent contractors , testimony , incarceration , Deposition , spousal privilege , drug use , marital privilege

Federal: District Court Finds Firm’s Truck Drivers Are Employees, Not Independent Contractors
Posted on 8 Aug 2014 by Larson's Spotlight

A federal district court held that a trucking company’s drivers were employees, rather than independent contractors where, among other things, none of the drivers maintained a separate trucking business, none held himself out to the public as a... Read More

Tags: Michigan workers compensation , independent contractors , employee status , trucking business

California Workers' Comp Case Roundup (2/9/2014)
Posted on 9 Feb 2014 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 79 No. 1 January 2014 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

Tags: Discrimination , statute of limitations , permanent disability , forum non conveniens , wrongful termination , AMA Guides , California workers compensation , independent contractors , third party actions , industrial disability retirement

Presumption of Employment Applied to Hairdresser: Cal. Comp. Cases May Advanced Postings (4/22/2015)
Posted on 22 Apr 2015 by California Compensation Cases Staff

Here’s the first batch of advanced postings for the May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

Tags: employee , writ for review , hairdresser , California workers compensation , independent contractors , course of employment , arising out of employment , cumulative trauma injury

California Workers’ Compensation Case Roundup (July 8, 2013)
Posted on 8 Jul 2013 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 78 No. 6 June 2013 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 ISSUE... Read More

Tags: professional football players , disability retirement , California workers compensation , independent contractors , exclusive remedy , asbestos , residential employee

The Resilience of the Self-Employed
Posted on 11 Sep 2014 by LexisNexis Workers' Comp Law Newsroom Staff

Higher Quality of Life and Preventative Health Measures are Associated With Less Absenteeism and Presenteeism Technological advances, combined with the layoffs of the Great Recession, have altered the landscape of the American workforce. Some displaced... Read More

Tags: absenteeism , employee , presenteeism , independent contractors , self-employment

California Workers’ Comp Case Roundup (5/5/2015)
Posted on 5 May 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 4 April 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 ISSUE... Read More

Tags: lien , statute of limitaions , going and coming , employee , Apportionment , California workers compensation , independent contractors , latency , cancer , rating , utilization review , carpal tunnel , Evidence , cumulative trauma

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

Tags: drivers , employment status , independent contractors , misclassification , FedEx

Failure to List Applicant as Employee and to Report Payroll Did Not Defeat Insurance Coverage: Cal. Comp. Cases June Advanced Postings (6/3/2015)
Posted on 3 Jun 2015 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

Tags: final order , employee , removal , payroll , independent contractors , course of employment , regional pain syndrome

California Workers’ Comp Case Roundup (3/12/2015)
Posted on 12 Mar 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 2 February 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

Tags: admissibility of evidence , joinder , premises line , Psyche , vicarious liability , California workers compensation , independent contractors , firefighter’s rule , going and coming rule , exclusive remedy , Motor Carriers , anti-SLAPP , sleep disorder , utilization review , third party action , bunkhouse rule , illegal alien

Lien Claimant’s PQME Reports Admitted Into Evidence: Cal. Comp. Cases February Advanced Postings (2/10/2012)
Posted on 10 Feb 2012 by California Compensation Cases Staff

Here’s the second batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summaries. County of Mendocino, PSI, Petitioner v. Workers' Compensation... Read More

Tags: Case Law Developments , California , barbershop , California workers compensation , independent contractors , Qualified Medical Evaluator , QME , hair stylist , lien claimants , medical reports , cosmetologist’s license

Split Panel Grants Applicant Another Bite at the PQME Apple: Cal. Comp. Cases September Advanced Postings (9/2/2015)
Posted on 2 Sep 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

Tags: post termination , cumulative , California workers compensation , independent contractors , course of employment , taxicab , Evidence , trauma , PQME

National and State-by-State Workers' Comp News Roundup Powered by Larson's (7/2/2012)
Posted on 3 Jul 2012 by LexisNexis Workers' Comp Law Newsroom Staff

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL: IAIABC Drafts Model Legislation on Opioid Use . US DOL... Read More

Tags: ObamaCare , news , OSHA , opioids , tuberculosis , Health Care Reform , independent contractors , workers' compensation fraud , Workers' Compensation , Death Benefits , workers' compensation reform

Health and Safety Issues Facing Temporary or “Gig” Workers Who Lack Regular Employment Status
Posted on 9 Nov 2016 by Roger Rabb

A NIOSH Commentary reviews the current research and paints a troubling picture for nonstandard workers It is no secret that more and more work is being performed by American workers outside of the traditional employer-employee relationship. Employers... Read More

Tags: gig workers , independent contractors , temporary workers , workplace safety