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 insurance...
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 self-employed person fell from...
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 on the...
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 could...
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 sustained...
In a split decision, the U.S. Court of Appeals for the First Circuit held the Canadian government was not immune from a suit filed against it by a U.S. citizen who sustained a work-related injury while working as an administrative assistant to the Consul General...
Stressing that the Eighth Amendment’s prohibition against the imposition of “excessive fines” applies not only to fines that are levied against individuals, but also against corporations, the Supreme Court of Colorado, with one partially dissenting justice, ordered...
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 in the business, did not...
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 payment of...
CALIFORNIA COMPENSATION CASES Vol. 83 No. 4 Apr 2018 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...
Answering seven certified questions from a magistrate judge for the U.S. District Court for the District of North Dakota, that state’s Supreme Court concluded that to the extent that a worker could show that her purported employer intentionally and not inadvertently...
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 penalty pursuant to...
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 a statutory...
A New Mexico trial court did not abuse its discretion in refusing to reinstate a 2006 Petition filed by the Uninsured Employers’ Fund (“UEF”) against an employer where the UEF’s Petition was initially dismissed, without prejudice, in 2008—for lack of prosecution...
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” from the date of...