Workers' Compensation

Recent Posts

North Carolina: Special Employer is Immune From Tort Liability
Posted on 8 Feb 2019 by Thomas A. Robinson

Where a plywood manufacturer recruited a worker as a candidate for a mechanic position in its maintenance department, undertook the right to control the worker’s day-to-day work activities, controlled the work the worker performed and paid him an... Read More

New York: Affiliate Company Must Pay Half of Claimant’s Workers’ Comp Benefits
Posted on 25 Oct 2018 by Thomas A. Robinson

Substantial evidence supported the Workers’ Compensation Board’s ruling that an affiliate company, Quality Carriers, was claimant’s special employer and, therefore, liable for 50 percent of the workers’ compensation benefits owed... Read More

New York: Special Employer Generally May Not Be Sued in Tort
Posted on 17 Aug 2018 by Thomas A. Robinson

Where a defendant contracted with Manpower Group US (Manpower) regarding the services of a worker and controlled and directed the manner, details, and ultimate result of the worker’s work, it was the worker’s special employer and, therefore... Read More

Larson’s Spotlight on Recent Cases: Injury From Riding Escalator Rail
Posted on 4 Jan 2013 by Larson's Spotlight

Larson's Spotlight on Traveling Employee, Special Employer, Intentional Tort, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

Georgia: Parent’s Wrongful Death Action for Negligent Hiring of Convicted Felon May Proceed
Posted on 26 Feb 2016 by Larson's Spotlight

Where an employee was shot and killed by a co-employee on the special employer’s premises for no apparent reason—the two hardly knew each other and had no difficulties with each at work—the death did not arise out of and in the course... Read More

Employer’s Medical Report Obtained At Own Expense Deemed Wholly Deficient: Cal. Comp. Cases January Advanced Postings (1/16/2015)
Posted on 16 Jan 2015 by California Compensation Cases Staff

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

California Workers' Compensation Cases Roundup (3/8/2012)
Posted on 9 Mar 2012 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 77 No. 1 January 2012 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

Massachusetts: “Alternative Employer Endorsement” in Staffing Company’s Policy Provides Immunity Protection for Special Employer Sued by Injured Worker
Posted on 11 Sep 2015 by Larson's Spotlight

An “alternate employer endorsement” written into the workers’ compensation insurance policy maintained by an employment staffing company that named the defendant special employer as an additional insured satisfied the requirements of... Read More

Arkansas: Special Employer Enjoys Exclusive Remedy Defense in Wrongful Death Action Filed Against It
Posted on 17 Oct 2014 by Larson's Spotlight

An Arkansas appellate court held that the state’s Workers’ Compensation Commission did not err when it determined that a deceased worker was the defendant-company’s “special” employee since, at the time of the worker’s... Read More

Payroll Company Liable for Temp Worker’s Injuries: Cal. Comp. Cases July Advanced Postings (7/10/2014)
Posted on 10 Jul 2014 by California Compensation Cases Staff

Here’s the third 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

California: Dual Employment and the Six-Month Employment Requirement
Posted on 31 Oct 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

WCAB protects temporary and leased employees from shifting general and special employers who could game the system to avoid potential liability In Martinez v. Mass Precision , 2014 Cal. Wrk. Comp. P.D. LEXIS –, a split panel WCAB affirmed the... Read More

Wisconsin: Borrowing Employer May Be Sued in Tort by Injured "Employee"
Posted on 9 Feb 2018 by Thomas A. Robinson

Holding that a borrowing employer is not always the “employer” of a worker assigned to it by a temporary help agency, at least for purposes of the exclusive remedy provisions of the state’s Workers’ Compensation Act, a Wisconsin... Read More

Federal: Breach of Contract Claim Against Special Employer for Failure to Provide Safe Work Environment Is Barred By Exclusiveness
Posted on 11 Apr 2014 by Larson's Spotlight

That an employer referred in its Policies and Procedures Handbook to its commitment to provide a safe and health work place for its employees, that the Handbook also stated that safety rules and safe work practices were “not optional,” and... Read More

New York: Special Employer Is Immune From Tort Liability Related to Temporary Employee’s Injuries
Posted on 18 Sep 2015 by Larson's Spotlight

Stating the general rule, that for purposes of the N.Y. Workers’ Compensation Law, the receipt of workers’ compensation benefits from a general employer precludes an employee from commencing a negligence action against the special employer... Read More

New Jersey: Golf Course Superintendent’s Tort Action for Bunkhouse Injury Barred by Exclusivity
Posted on 12 Sep 2014 by Larson's Spotlight

Applying Professor Larson’s three-part test for assessing whether a special employee relationship has formed, a New Jersey appellate court found that a golf course superintendent was the employee of both a management company that operated a golf... Read More