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Workers’ Compensation Coverage for Student-Athletes?

Civil Rights Expert Says Generating Billions in Revenue for NCAA and Universities Should Trigger Employee Status By John M. Stahl, Esq. An article that civil-rights historian Taylor Branch wrote for the October 2011 edition of The Atlantic magazine addresses whether the astronomically lucrative...

To Be Or Not To Be An Employee? That is the (Agency) Question

by Joseph U. Leonoro A few weeks ago in this forum, we talked about an important opinion from the Sixth Circuit Court of Appeals - the Circuit in which Kentucky and Ohio sit - on associational discrimination. Well, that Court must be enjoying its time in the spotlight, because it recently issued...

Kentucky: Nurture versus Nature and the Independent Contractor: Gogel v. Hancock

Gogel v. Hancock , NO. 2011-CA-001143-WC, 2011 Ky. App. LEXIS 249 (Ky. App. 2011) (Designated to be published): Public policy does not mandate that a specific “nature of the work” test be applied in determining whether a worker is an employee versus an independent contractor, as long as the...

Larson’s Spotlight on Recent Cases: Employer Not Responsible for Unrelated Coronary Bypass Surgery

Larson's Spotlight on Medical Treatment for Unrelated Condition, Going and Coming, Statute of Limitations for Misdiagnosed Condition, and Exclusive Remedy Rule. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...

California Workers' Compensation Cases Roundup (10/5/2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 9 September 2012 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 2012 LexisNexis. All rights...

Franchisee as Independent Contractor or Employee?

This noteworthy California WCAB panel decision will be added to the LexisNexis Services. Employment Relationships; Employees; Franchisees. California WCAB reversed WCJ’s finding that applicant was a janitorial franchisee/independent contractor pursuant to franchise agreement with defendant at...

California Workers' Comp Case Roundup (5/3/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 4 April 2013 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 2013 LexisNexis. All rights...

Delivery Driver as Independent Contractor Under S.G. Borello Factors: Cal. Comp. Cases August Advanced Postings (7/30/2013)

Here’s the first batch of advanced postings for the August 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Elieser Barbosa, Petitioner v. Workers'...

Contract for Hire in California, Drug Testing, Corporate Umbrella: Cal. Comp. Cases January Advanced Postings (1/4/2014)

Here’s the first batch of advanced postings for the January 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. ACIG Insurance Company, insurer...

California Workers' Comp Case Roundup (5/4/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 4 April 2014 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 2014 LexisNexis. All rights...

California Workers' Comp Case Roundup (7/10/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 6 June 2014 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 2014 LexisNexis. All rights...

California Workers' Comp Case Roundup (10/3/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 9 September 2014 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 2014 LexisNexis. All rights...

California Workers' Comp Case Roundup (12/10/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 11 November 2014 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 2014 LexisNexis. All rights...

Applicant Rebuts 16 Percent Scheduled Rating to Obtain Permanent Total Disability: Cal. Comp. Cases December Advanced Postings (12/16/2014)

Here’s the fourth batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Sutter Medical Foundation, PSI, adjusted...

Employer’s Medical Report Obtained At Own Expense Deemed Wholly Deficient: Cal. Comp. Cases January Advanced Postings (1/16/2015)

Here’s the third batch of advanced postings for the January 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. United States Fire Insurance Company...

Virginia: Worker Was Not Aggressor When She Called Co-Worker a “Jerk”

Credible evidence supported the Commission’s findings that a worker, who injured her lower back during a physical altercation with a coworker, was not the aggressor and, therefore, under the circumstances entitled to workers’ compensation benefits, indicated a Virginia appellate court. Since...

Illinois: Evidence of Control Supports Employment Relationship for Long-Haul Truck Driver

A divided Illinois appellate court affirmed a decision awarding workers’ compensation benefits to a long-haul truck driver on the basis that he was an employee and not an independent contractor in spite of the fact that the driver owned and supplied a relatively expensive tractor and trailer, was...

California Workers' Comp Case Roundup (7/3/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 6 June 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 © Copyright 2015 LexisNexis. All rights...

California Workers' Comp Case Roundup (10/2/2015)

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 © Copyright 2015 LexisNexis. All rights...

California Workers' Comp Case Roundup (11/28/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 11 November 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 © Copyright 2015 LexisNexis. All rights...

WCAB Lacked Jurisdiction for Out of State Injury When Contract of Hire Occurred in Georgia: Cal. Comp. Cases May Advanced Postings (5/18/2016)

Here’s the latest batch of advanced postings for the May 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. Ramonda Walker, Petitioner v. Workers'...

Illinois: General Contractor May Not Take Advantage of Settlement Agreement It Did Not Sign

Where a worker settled his workers’ compensation claim and signed a settlement agreement that released his direct employer and a purported general contractor from liability for any claims arising out of the worker’s work-related accident, the worker could nevertheless pursue a civil action...

Washington: Courier Drivers Were “Workers” and Not Independent Contractors

A state appellate court agreed with the Washington Department of Labor and Industries that 33 drivers who contracted with a company to perform courier services for third parties were “workers” within the meaning of Wash. Rev. Code § 51.08.180, and penalties assessed against the company...

New York: Opera Singer Can Sue Metropolitan Opera House for Injuries Sustained in Fall

A prominent opera singer at the Metropolitan Opera House is not an employee of the entertainment facility that featured her in more than 500 performances during his 23-year career; her employment contract was with her personal holding company and not the opera house, held a New York appellate court....

California Workers' Comp Case Roundup (4/11/2017)

CALIFORNIA COMPENSATION CASES Vol. 82 No. 3 Mar 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 2017 LexisNexis. All rights...