An insurer’s cancellation of coverage related to a workers’ compensation insurance policy was effective in spite of the fact that, prior to the injury in dispute, the carrier’s agent had sent the general contractor a certification that... Read More

Where a self-employed individual opted not to bring himself within the coverage of the Nebraska Workers’ Compensation Act, he was not an “employee,” as that term is defined in Neb. Rev. Stat. § 48-115. Under those facts, where the... Read More

Where a New York employer had no active workers’ compensation policy in effect on the date the claimant was determined to have been disabled due to an occupational disease—It appeared to have closed its doors—but such a policy did exist... Read More

In a split decision, the Supreme Court of Connecticut held that maintaining and repairing municipality buildings was within the city of Bridgeport's "trade or business," and accordingly, a worker employed by an uninsured roofing subcontractor... Read More

Where Tyson Farms contracted with a chick farm owner, who actually knew nothing about raising chickens, to raise chickens exclusively for Tyson according to strict guidelines and controls, Tyson could be deemed a co-employer of a worker at the farm who... Read More

Pursuant to 77 Pa. Cons. Stat. § 2703(b), if an injured worker fails to notify the Uninsured Employers Guaranty Fund (Fund) within 45 days after the worker knows that the employer is uninsured, the Fund is not obligated to provide “compensation”... Read More

The imposition of more than $840,000 fine against an uninsured employer was unconstitutionally excessive under both the 8th Amendment to the U.S. Constitution and a similarly-worded provision of the Colorado constitution, where the fine was based upon... Read More

As is the case in a number of states, Delaware allows an injured employee of an uninsured employer two avenues of relief: (a) to pursue workers’ compensation benefits against the employer with the Industrial Accident Board, and (b) to sue the employer... Read More

Where an insolvent self-insured employer held a $2.4 million surety bond with Safeco Insurance Company and also maintained a reinsurance policy with ACE American Insurance (ACE) that contained a retention provision in the amount of $400,000, continued... Read More

Where a father and son operated a farm business as a partnership, securing workers’ compensation insurance through the State Insurance Fund (“SIF”), the subsequent withdrawal of the father from the partnership, with the son’s continuance... Read More

Where a husband and wife employed a live-in domestic to perform housekeeping and child care duties, but failed to maintain workers’ compensation insurance, it was appropriate for the New York Workers’ Compensation Board to impose an $86,000... Read More

Here’s the latest batch of advanced postings for the December 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

Larson's Spotlight on Tort Action Against Uninsured Employer, Illegal Aliens, Benefits for Old Workers, and Non-Dependent Spouse. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Larson's Spotlight on Tort Action Against Uninsured Employer, Illegal Aliens, Benefits for Old Workers, and Non-Dependent Spouse. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Larson's Spotlight on Termination of Benefits, Employee Status, Penalty for Unreasonable Defense of Claim, Wrongful Death, and Loss of Sight. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff... Read More