Finding that all of the employee’s work for her employer, whether mowing or cleaning, was performed as part of the overall effort of all the employees to restore a farm to its operation as a fully functioning horse farm, the Supreme Court of Kentucky reversed...
A Kentucky appellate court found that the state Board erred in finding that the agriculture exemption did not apply to a claimant where it was undisputed that he was tasked with hauling the harvested crops and unloading them at the farm’s storage silos, testimony...
By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D. A farm worker is crushed to death after his tractor flips and pins him between the tractor and the wagon it was pulling. A construction worker is struck and killed by a swinging crane when another worker...
An uninsured employer is required to pay $21,201 for Life Flight helicopter services in connection with injuries sustained by a part-time irrigator at the employer’s farm. The employee severely cut the tip of his left “pinky” finger when his hand...
In a split decision, the Court of Appeals of New Mexico held that N.M. Stat. Ann. § 52–1–6(A), which excludes from coverage “employers of … farm and ranch laborers,” violates workers’ rights to equal protection under Article II, Section 18 of the New Mexico Constitution...
In what appears to be a case of first impression, the WCAB panel in Jaime Torres Tavera v. T and P Farms, Zenith Insurance Company , 2015 Cal. Wrk. Comp. P.D. LEXIS --, reversed the WCJ’s finding and held instead that the extraordinary circumstances exception...
The Court of Appeals of Kentucky held that the state’s Workers’ Compensation Board appropriately dismissed an employee’s claim for benefits where he was engaged in thoroughbred horse training at the time of his injury. That activity clearly fell within the definition...
Death benefits to be paid following the work-related death of a 17-year-old farm worker should be calculated using the presumption provided for in Wis. Stat. § 102.11(1)(g), held a Wisconsin court. That statute provides that where the employee is under 27...
Larson's Spotlight on Odd-Lot, Statute of Limitations, Agricultural Employer, and Hazard of Employment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...