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Thomas A. Robinson
Maryland: AWW for Newly-Hired Worker Need Not Be Based on Actual Earnings

Stressing that for some newly-hired employees, the actual earnings before the injury may not accurately represent what the employee normally would earn from the employer, a Maryland appellate court held that where a newly hired worker’s actual hours...

Thomas A. Robinson
Ohio: Independent Contractor May Not Maintain Retaliatory Discharge Action

Where a worker admitted that he was responsible for his own equipment, provided his own labor and equipment, and was responsible for his own Workers' Compensation insurance, it was appropriate for the fact-finder to determine that he was an independent...

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Thomas A. Robinson
Arkansas: Deputy Sheriff Was Independent Contractor at Grocery Store

A deputy sheriff who provided security services at a grocery store was an independent contractor; he was not an employee of the store, held an Arkansas appellate court. The court noted that the sheriff’s department required that the deputy secure...

Thomas A. Robinson
Ohio: Mental Injury Must Be Caused by Physical Injury; It Need Not be Contemporaneous

Construing the Supreme Court of Ohio’s important, earlier decision in Armstrong v. John R. Jurgensen Co. , 136 Ohio St. 3d 58, 2013-Ohio-2237, 990 N.E.2d 568, a lower-level Ohio appellate court held that while there must be a causal relationship...

Karen C. Yotis
Occupational Injuries and Third-Party Tort Claims: Effecting Change for Freelancers in the Digital Age or More Dust in the Wind?

By Karen C. Yotis, Esq. Industrial accidents and occupational disease epidemics motivated the movement to pass national health and safety laws, and the interaction between third-party actions in the workplace and these historical drivers should operate...

LexisNexis Workers' Comp Law Newsroom Staff
California: Keys to Obtaining Jurisdiction

Any information or opinions contained in this commentary are not necessarily endorsed by LexisNexis® or its affiliates. Workers’ Compensation Appeals Board (WCAB) jurisdiction is one of the most important threshold issues that an injured...