LexisNexis® Legal Newsroom
Five Recent Cases You Should Know About (5/31/2010)

Larson’s Spotlight on Sheepherder’s Death in Recreational/Social Event, Employee vs. Independent Contractor (Tattoo Artist, Sheetrock Worker), Co-Worker as Uninsured Motorist, and Return to Work/Light Work Duties. Larson's surveys the latest case developments that you need to know about...

Five Recent Cases You Should Know About (11/19/2010)

Larson's Spotlight on Psychiatric Injury, Domestic Servant, Tort Claim, Employee Status, and LHWCA Coverage. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

U.S. High Court Upholds Ruling Treating Medical Residents As Employees

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 11 upheld a U.S. Treasury Department determination that medical residents should be treated as full-time employees when it comes to payroll taxes ( Mayo Foundation for Medical Education and Research, et al. v. United States , No. 09...

Five Recent Workers’ Comp Cases You Should Know About (7/15/2011) – Truck Driver’s Tort Action For Fall From Employer’s Helicopter While Deer Netting In Mexico Survives Summary Judgment

Larson's Spotlight on Tort Action, Lost Wages, Rehire, Employment Status, and Rehabilitation Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below....

Five Recent Workers’ Comp Cases You Should Know About (8/19/2011) – He May Not Be Larry the Cable Guy, But This “Cable Guy" is Employee, Not Independent Contractor

Larson's Spotlight on Employment Status, Fraud, Statute of Limitations, Borrowed Servant, and Jurisdiction. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Split Panel Finds Independent Contractor Status for Auto Body Repairer: Cal. Comp. Cases October Advanced Postings (9/26/2012)

Here’s the first batch of advanced postings for the October 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnote and summary . © Copyright 2012 LexisNexis. All rights reserved. Edmond Ziraki , Petitioner v. Workers' Compensation...

Larson's Spotlight on Recent Cases: Federal RICO Cause of Action

Larson's Spotlight on RICO, Ex Parte Communication, Penalties and Reemployment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. US: State Cannot...

Larson’s Spotlight on Recent Cases: Mother of Injured Worker Dies From Stress Related to Comp Claim

Larson's Spotlight on Exclusive Remedy, Fraud, Forfeiture of Future Disability Rights, and Extraordinary and Unusual. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the...

NY Court Says Unpaid Intern Not Protected by Harassment Laws

The employment-discrimination laws have been expanding since their creation. And, most of the time, that’s a good thing. But there are times when I wonder, “Have we gone too far?” There was the bullying craze a few years ago, when there was a push to make bullying in the workplace unlawful...

OK: Moonlighting Sheriff’s Office Major Was Employee of Restaurant When He Was Shot and Robbed

Finding that the “plain, clear, unmistakable, unambiguous, mandatory, and unequivocal language” of 85 O.S. 2011 § 313(G) mandated that private employers, hiring off-duty municipal employees, should alone be responsible for the payment of workers’ compensation benefits arising from...

Iowa: Subjective Intent Does Not Ordinarily Determine the Issue of Employment Status

An Iowa appellate court held that substantial evidence supported the workers' compensation commissioner's conclusion that an injured worker who worked for an hourly wage as a carpenter, at sites and times dictated by the employer, was an employee rather than an independent contractor since the...

Penalty for Abruptly Withdrawing Authorization for Opioid Pain Medication: Cal. Comp. Cases July Advanced Postings (7/16/2014)

Here’s the fourth batch of advanced postings for July 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. County of Riverside, PSI, Petitioner v...

New York: Postdoctoral Fellow Is Employee of Med School In Spite of Fact That Salary Was Funded by National Institute of Health Grant

A postdoctoral fellow who worked in a research laboratory at NYU School of Medicine and whose salary was funded by a federal grant that was administered through the National Institutes of Health (“NIH”) was nevertheless an employee of the school. He could not, therefore, maintain a civil...

North Carolina: Members of LLC Are Not “Employees” Unless Special Statutory Procedure Followed

N.C. Gen. Stat. § 97–93 generally requires employers to secure workers’ compensation coverage if three or more persons are employed. Under a separate provision, N.C. Gen. Stat. § 97–2(2), a member of a limited liability company may elect to be included as an employee under...

North Dakota: Employer Need Not Report Day-to-Day Fluctuations in Employment Numbers to Workforce Safety and Insurance

The Supreme Court of North Dakota held that an employer did not lose its right to interpose the exclusive remedy defense in a civil action filed against it by an employee where the issue of the worker’s employment status had been litigated between the parties on multiple occasions—with conflicting...

New Jersey: Trial Court Has Concurrent Jurisdiction With Division of Workers’ Comp to Determine Employment Status

When there is a genuine dispute regarding a worker’s employment status, and the worker elects to file a complaint only in the Superior Court Law Division, the Superior Court has concurrent jurisdiction with the Division of Workers’ Compensation to resolve the employment issue; the Workers’...

Federal: Seventh Circuit Says FedEx Drivers Are Employees, Not Independent Contractors

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 employees of the firm and not independent...

Pennsylvania: Independent Contractor Agreement Signed After Injury Does Not Alter Worker’s Status as Employee

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 was entitled to workers’ compensation...

Federal: 8th Circuit Says District Court in Missouri Erred in Finding FedEx Operators Were Employees as a Matter of Law

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 who alleged that they should have been treated...

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' Compensation Case Roundup (1/2/2016)

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 © Copyright 2016 LexisNexis. All rights...

Illinois: City Water Meter Reader Is Employee and Not Independent Contractor

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 with a specialized equipment, including...