The Missouri Commission was justified in filing that an injured worker did not suffer from a permanent total disability where evidence indicated that following his injuries, the worker worked on a full-time, seasonable basis, held a state appellate court. Based...
Applying what it said was the "economic realities test," a Washington appellate court found that a borrowing employer had exercised sufficient control over the borrowed employee that the employee staffing company supplying the worker should not be liable...
Where, prior to his actual employment, a Florida worker signed an agreement with a labor broker in which the worker released the broker's clients from liability for any injury the worker might sustain that was covered by workers' compensation laws, he could...
A borrowed servant may not recover in tort against the "regular" employees of the borrowing employer, held a Georgia appellate court. Accordingly, a state trial court erred when it refused to grant summary judgment in favor of a defendant-employee of...
Construing Louisiana law, and applying the ten-factor test established by the Fifth Circuit Court of Appeals in U.S. Fire Ins. Co. v. Miller , 381 F.3d 385, 388 (5th Cir. 2004), a federal district court found that a worker assigned to the defendant’s pipe...
By Karen C. Yotis, Feature Resident Columnist, LexisNexis Workers’ Compensation eNewsletter While stopping just shy of concluding that temporary worker status—by itself—results in lower workers’ comp claim awards, a new study concludes that the temp worker’s...
Is enough being done to protect this growing segment of the workforce? By Roger Rabb, J.D. Last November, I wrote about a recent report describing health and safety issues that face workers in nontraditional work relationships, including independent contractor...
A NIOSH Commentary reviews the current research and paints a troubling picture for nonstandard workers It is no secret that more and more work is being performed by American workers outside of the traditional employer-employee relationship. Employers are increasingly...
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 Arizona appellate court held that the Industrial Commission erred when it found a professional ballet dancer’s work was “seasonal” because the employer’s ballet “season” was usually 32 weeks each year. Because of that determination, the Commission computed the...
A California appellate court has upheld the constitutionality of Labor Code § 3701.9, which generally prohibits temporary services employers (TSE's) and leasing employers (LE's) from self-insuring their workers’ compensation liability. Plaintiffs...
Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Temporary workers are having a decidedly permanent...
WCAB protects temporary and leased employees from shifting general and special employers who could game the system to avoid potential liability In Martinez v. Mass Precision , 2014 Cal. Wrk. Comp. P.D. LEXIS –, a split panel WCAB affirmed the WCJ’s...
Study argues that lack of coordination in gathering data on contingent and temporary workers has resulted in undercounting and misclassifying of work hazards Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter...
Labor Contracting; Client Liability; Temporary Workers. AB 1897 (Ch. No. __), signed by Governor Brown on Sept. 28, 2014, establishes civil legal responsibility and civil liability of client employers, which obtain workers from third-party labor contractors, for...