Building on an earlier decision in which the Ohio Supreme Court had determined that the Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] provided immunity not only to the self-insuring general contractor, but also... Read More

Construing Oklahoma law, the Tenth Circuit Court of Appeals reversed a federal district court’s dismissal of a negligence action filed against the sole stockholder of a worker’s employer, finding the district court failed to consider the stockholder's... 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

Citing Garcia v. Pittsylvania County Service Authority , 845 F.2d 465 (4th Cir. 1988), the Fourth Circuit Court of Appeals affirmed a federal district court’s dismissal, on exclusive remedy grounds, of a negligence action filed by a North Carolina... Read More

Noting that a federal court sitting in diversity must apply the choice-of-law rules of the state in which it sits—here that of Mississippi—a federal district court held that an injured employee of a subcontractor could not sue the general... Read More

I heard from Fred Freibott last evening with a recent case involving Section 2311 contractor liability. Since friends don't let friends remain ignorant of the law as to Section 2311, I thought I owed y'all a post. The case is Gregory Otter v.... Read More

CALIFORNIA COMPENSATION CASES Vol. 82 No. 6 June 2017 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

As is the situation in many other states, where a Pennsylvania firm subcontracts a regular or recurrent part of its business to another, the firm is liable for workers’ compensation benefits to the subcontractor’s employees if that subcontractor... Read More

The Supreme Court of Mississippi held that a general contractor waived its right to utilize the exclusive remedy defense where it was sued by the survivors of a worker employed by a subcontractor and for 26 months, it actively participated in litigating... Read More

Where a subcontractor’s worker sustained serious injuries when he attempted to use a grinder—owned by the project’s contactor and which did not have a required safety guard—and where there was a conflict in the evidence as to whether... Read More

In my post of 2/25/11 , I reported on Reuben Cordero v. Gulfstream Development Corp. and Delaware Siding Company , IAB# 1357959 & 1357671 (2/10/11) (Order). The issue was whether the Delaware contractors statute ( 19 Del. Code Section 2311 ) imposed... Read More

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make... Read More

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

In my post of 2/25/11 , I reported on Reuben Cordero v. Gulfstream Development Corp. and Delaware Siding Company , IAB# 1357959 & 1357671 (2/10/11) (Order). The issue was whether the Delaware contractors statute ( 19 Del. Code Section 2311 ) imposed... Read More

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More