Where a husband worked in an enterprise with his wife and shared the profits (or losses) of the business equally with her, the Oregon Workers’ Compensation Board was within its powers to find that he was not a "subject worker" (see Ore. Rev. Stat...
Where there was virtually no evidence that a construction worker’s actions were controlled by the purported employer and where it also appeared that the purported employer exercised little, if any, control over the injured worker’s work or employment...
The North Carolina Industrial Commission did not err in concluding that plaintiff (“Bentley”) was an independent contractor—and not an employee—of a construction company where it appeared, in relevant part, that Bentley held himself out...
A Florida claimant, who was injured during tryouts for a professional football team, was not entitled to workers’ compensation benefits from the Arena Football League when the League had not signed the standard player contract. While a claimant did not always need...
CALIFORNIA COMPENSATION CASES Vol. 82 No. 5 May 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 © Copyright...
California’s restitution statute allows for recovery of a broad variety of economic losses resulting from a defendant’s criminal conduct. Accordingly, where the defendant, the operator of an employment staffing agency, pled guilty to workers’...
By Elizabeth Connellan Smith, Counsel, Verrill Dana LLP, Portland, ME Innovation isn’t always the first word associated with the regulation of workers’ compensation, but innovation was in the forefront of the Commissioners and Associate Members Roundtable...
Here’s the latest batch of advanced postings for the October 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved...
By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC On April 20, 2016, the IAIABC kicked off the National Conversation on the Future of Workers’ Compensation at its Forum in Santa Fe, New Mexico. In a three hour session, questions were presented to...
A water meter reader was an employee of the city and not an independent contractor where it exercised considerable control over her labor—the worker was required to read 1200 meters during an allotted time frame and during the daylight hours; she was provided...
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 ISSUE ©...
CALIFORNIA COMPENSATION CASES Vol. 80 No. 9 September 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 ISSUE ©...
The 8th Circuit Court of Appeals reversed a decision by a federal district court in Missouri that had ruled, as a matter of law, that delivery operators working with/for FedEx were employees and not independent contractors. Plaintiffs were all former operators...
A Pennsylvania painter who signed an agreement indicating that he was an independent contractor after he was discharged from a hospital following work-related injuries was an employee and not an independent contractor, held a state appellate court. As such, he...
In a case construing the Kansas Wage Payment Act (“KWPA”), but also having important implications for the workers’ compensation arena, the U.S. Court of Appeals for the Seventh Circuit has held that drivers for FedEx Ground Package System are...