Workers' Compensation

Recent Posts

Have Yourself a Merry Little Waiver: Referral of Medical Treatment for UR Concedes Causation in Delaware
Posted on 16 Dec 2015 by Cassandra Roberts

It is very fitting to feature a case involving UPS this time of year. I stumbled upon Paul Schneider v United Parcel Service , IAB#1283119 (12/1/15) and what makes this case a bit of a “re-gifting” is that it contains what most would think... Read More

Michigan: Truck Driver Held to Be Steel Company’s Employee for Exclusive Remedy Purposes
Posted on 24 Apr 2015 by Larson's Spotlight

A driver who leased a semi-truck and trailer from one firm and, pursuant to an arrangement with a transportation broker, transported steel for the defendant corporation was the latter’s employee for purposes of workers’ compensation since... Read More

Florida: Arbitration Clause in Employment Contract Binding in Former Employee’s Retaliatory Discharge Claim
Posted on 13 Mar 2015 by Larson's Spotlight

An employment agreement that required arbitration of all employment disputes between a staffing company and a truck driver did not violate public policy by requiring that the driver’s claim of retaliatory discharge be submitted to arbitration, rather... Read More

Arkansas: Injury Sustained Seconds After Truck Driver “Signed Out” Not Covered by Comp Act
Posted on 31 Oct 2014 by Larson's Spotlight

An Arkansas appellate court has affirmed the denial of benefits to a truck driver who injured his right ankle a few seconds after he made an entry in his log book changing his status to “off-duty” and stepped out of his truck to go to the... Read More

Illinois: Truck Driver Was Independent Contractor, Not Employee
Posted on 19 Feb 2016 by Larson's Spotlight

In a decision that could have an impact on any Uber/Lyft litigation within the state of Illinois, an appellate court affirmed a decision by the state’s Workers’ Compensation Commission’s finding that a truck driver was an independent... Read More

Pennsylvania: Truck Driver’s State of Residence is Insufficient to Establish Jurisdiction Following Extraterritorial Injury
Posted on 18 Sep 2015 by Larson's Spotlight

A Pennsylvania appellate court held that a truck driver was not entitled to benefits in Pennsylvania for an extraterritorial injury because his employment was not principally localized in Pennsylvania where the driver and the employer entered into an... Read More

Mississippi: Injuries Sustained During Pre-Employment Job-Function Test Are Compensable
Posted on 24 Jul 2015 by Larson's Spotlight

A truck driver, who injured his knee while performing a pre-employment job-function test during the hiring/orientation process, was an employee at the time of his injury for purposes of a workers’ compensation claim, held a Mississippi appellate... Read More

Illinois: Evidence of Control Supports Employment Relationship for Long-Haul Truck Driver
Posted on 8 May 2015 by Larson's Spotlight

A divided Illinois appellate court affirmed a decision awarding workers’ compensation benefits to a long-haul truck driver on the basis that he was an employee and not an independent contractor in spite of the fact that the driver owned and supplied... Read More

Texas: Truck Driver’s Estate Fails to Rebut Marijuana Intoxication Presumption
Posted on 24 Jul 2015 by Larson's Spotlight

A Texas appellate court affirmed a trial court’s decision that a truck driver’s death in a vehicular accident did not arise out of and in the course of the employment where an autopsy report revealed the presence of THC, the active ingredient... Read More

North Carolina: No In-State Contract of Employment Where Driver Required to Undergo Three Days of Orientation and Tests in Mississippi Prior to Final Hire
Posted on 15 May 2015 by Larson's Spotlight

A truck driver’s contract of employment was not made in North Carolina where he was required to complete a three-day orientation, a road test, a drug test, and a physical exam in Mississippi—a hiring procedure that extended well beyond mostly... Read More

New Hampshire: Truck Driver Injured When He Fell Asleep Should Recovery Comp Benefits
Posted on 27 Mar 2015 by Larson's Spotlight

Quoting Larson’s Workers’ Compensation Law , § 3.03 and relying upon its earlier decision in Appeal of Margeson , 162 N.H. 273, 27 A.3d 663 (2011), the Supreme Court of New Hampshire reversed the state’s Compensation Appeals Board... Read More

Workers' Comp Fraud Blotter (10/20/2011) – Claimant Caught On Video Roofing Before Attending His Workers' Comp Hearing
Posted on 21 Oct 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

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

Five Recent Cases You Should Know About (2/25/2011)
Posted on 25 Feb 2011 by Larson's Spotlight

Larson's Spotlight on Permanent Disability Cap, Average Weekly Wage and Missed Work, Civil Action Against Insurance Carrier, Truck Driver and Farming, Average Weekly Wage and Tips . Larson's surveys the latest case developments that you need to... Read More

Workers' Comp Fraud Blotter (10/20/2011) – Claimant Caught On Video Roofing Before Attending His Workers' Comp Hearing
Posted on 21 Oct 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

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

Five Recent Workers’ Comp Cases You Should Know About (6/10/2011) – Worker's Injuries Walking to Smoking Area Not Compensable
Posted on 10 Jun 2011 by Larson's Spotlight

Larson's Spotlight on Knee Injury During Smoking Break, Homebased Worker Slip and Fall, Death Benefits for Fatal Heart Attack, Loss of Use of Foot, and Domestic Employee. Larson's surveys the latest case developments that you need to know about... Read More