Workers' Compensation

Recent Posts

New York: No Recovery for Charity Work Without Actual Employment
Posted on 24 Oct 2019 by Thomas A. Robinson

Where a Red Cross volunteer sustained injuries as she loaded her private auto with volunteer materials, there could be no recovery for workers’ compensation benefits since there was no actual employer-employee relationship between the volunteer... Read More

New York: Failure to Disclose Volunteer Activity Amounts to Misrepresentation for Purposes of § 114-a
Posted on 23 Jun 2016 by Larson's Spotlight

A New York appellate court held that substantial evidence supported a determination by the state Board that claimant had made false statements on a questionnaire for the purpose of obtaining workers’ compensation benefits [see N.Y. Work. Comp. Law... Read More

Vermont: Lack of “Wages” Sinks Volunteer Driver’s Comp Claim
Posted on 1 Jun 2018 by Thomas A. Robinson

Emphasizing that the definition of “employee” within the context of workers’ compensation law was not identical with the common law definition and that the tests used to determine whether a particular worker was an employee versus an... Read More

Vermont Workers' Compensation Update: January to March 2016
Posted on 20 Apr 2016 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The Voice of The Department, Ellen Gonyaw, the receptionist, has retired after almost 9 years to move to Maine to open... Read More

New York: Eucharistic Volunteer Trips at Altar and in Court—Tort Suit is Barred by Exclusive Remedy Rule
Posted on 15 Jun 2017 by Thomas A. Robinson

A volunteer at a Roman Catholic church, who on occasion helped distribute the Eucharistic elements, may not sue the church in tort for injuries that she sustained when she tripped and fell over an exposed power cord near the church altar; her negligence... Read More

Maine: “Volunteer” Driver is No Employee—Injury Claim Denied
Posted on 15 Dec 2017 by Thomas A. Robinson

In a case presenting an issue of first impression in Maine—whether a mileage reimbursement to a “volunteer” can constitute remuneration when it is significant enough to exceed the volunteer's immediate expenditures—and therefore... Read More

Arizona: “Teachers for Africa” Participant Was Volunteer, Not Employee of Charity
Posted on 30 Aug 2013 by Larson's Spotlight

An Arizona appellate court recently affirmed a finding by the state Industrial Commission that a claimant who worked for the International Foundation for Education and Self-Help ("IFESH") in its “Teachers for Africa” program was... Read More

A Little Bit of March Madness in September – A New Ruling from the DE IAB Regarding a Company Athletic Event
Posted on 30 Sep 2011 by Cassandra Roberts

Props to Larry Kimmel of Kimmel, Carter, Roman & Peltz, who rather sheepishly shared our case du jour. He was embarrassed because he won and didn't want to appear like he was trying to call attention to himself. Anyone who knows Larry knows that... Read More