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Five Recent Cases You Should Know About (5/16/2010)

Larson’s Spotlight on Termination & Gun Possession, Average Weekly Wage, Intoxication, Lump Sum Payments, and Employee vs. Independent Contractor. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’...

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...

California: The Truth About Temporaries

Cases involving temporary workers who have been placed by a temporary employment agency at a third party location may bring some special issues and challenges for claims personnel. There are also some special legal considerations when examining the employment relationship between the parties and determining...

Five Recent Cases You Should Know About (3/4/2011)

Larson's Spotlight on Employee Status, Street Risk Doctrine, Course and Scope of Employment, Recklessness by Employee, and Tort Action. 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...

Five Recent Cases You Should Know About (4/15/2011)

Larson's Spotlight on Termination of Benefits, Employee Status, Penalty for Unreasonable Defense of Claim, Wrongful Death, and Loss of Sight. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

Presumption of Employee Status Applied to Maintenance Worker Who Lacked Contractor License: Cal. Comp. Cases August Advanced Postings (8/7/2012)

Here’s the second batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Matthew Lawrence Construction, insured by Granite State...

Larson’s Spotlight on Recent Cases: Undocumented Worker’s Permanent Loss of Earning Capacity

Larson's Spotlight on Undocumented Worker, Employee Status, Borrowing Employer, and Tort Action Against Third Party. 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...

Courier Was Employee, Not Independent Contractor: Cal. Comp. Cases March Advanced Postings (3/14/2013)

Here’s the third batch of advanced postings for the March 2013 issue of Cal. Comp. Cases. L e xis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. SCI/Ontrac, Dallas National Insurance...

Trucker as Independent Contractor Based on SG Borello Factors: Cal. Comp. Cases April Advanced Postings (3/27/2013)

Here’s the first batch of advanced postings for the April 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. Harjinder Singh (Dec’d), and...

Federal: Ninth Circuit Says Truck Drivers Were Employees, Not Independent Contractors

Reversing a decision of a federal district court (Southern District of California), the Ninth Circuit Court of Appeals held that the totality of the undisputed facts indicated that various truck drivers were employees of defendant and not independent contracts, since the company had the right to control...

California Workers' Comp Case Roundup (8/8/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 7 July 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...

Federal: District Court Finds Firm’s Truck Drivers Are Employees, Not Independent Contractors

A federal district court held that a trucking company’s drivers were employees, rather than independent contractors where, among other things, none of the drivers maintained a separate trucking business, none held himself out to the public as a trucking business, or qualified as an employer under...

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...

The “Uberization” of Jobs: Employee or Independent Contractor?

To not apply the possibly antiquated rules set forth in Borello to the new “share” economy could mean that thousands of new workers in California go without necessary protections The Uber business model could be a sea change in how many of us work and how we think about our jobs—think...

Michigan: Truck Driver Held to Be Steel Company’s Employee for Exclusive Remedy Purposes

A driver who leased a semi-truck and trailer from one firm and, pursuant to an arrangement with a transportation broker, transported steel for the defendant corporation was the latter’s employee for purposes of workers’ compensation since the driver did not maintain a separate business, did...

South Carolina: Control Not Key to Determining Statutory Employee Status

The Supreme Court of South Carolina held that an employee of an uninsured cargo delivery business (West Expedited) was the statutory employee of another delivery business (Seko Charlotte), with whom West Expedited had contracted to deliver a load of parts to Wisconsin in spite of Seko Charlotte’s...

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’ Compensation: 2015 Year in Review

By Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook This 2016 edition is the 35th edition of Herlick, California Workers’ Comp Handbook (hereinafter “Herlick”). The latest Herlick Handbook...

Federal: Issue of Fact Regarding Control Means Tort Action May Proceed Against General Contractor

Where a subcontractor’s worker sustained serious injuries when he attempted to use a grinder—owned by the project’s contactor and which did not have a required safety guard—and where there was a conflict in the evidence as to whether the injured worker was subject to the direct...