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Who Is an "Employee": Construction Workers, Dock Workers, and Specialty Occupations

Coverage Generally: "Situs," "Status," and Who is an "Employee"? As originally enacted in 1927, the LHWCA ( 33 U.S.C.S. § 901 et seq.) sought to compensate for the states' constitutional inability to provide remedies for employment injuries occurring on navigable...

OH: Lawmakers Seek Unified Definition of Employee

COLUMBUS, OH - On May 25, 2010, Representatives Phillips and Driehaus introduced H.B. 523, which would create a single definition of "employee" for purposes of Ohio workers' compensation, unemployment compensation, payroll taxes, and minimum wage, and a single seven-factor test to determine...

Five Recent Cases You Should Know About (2/4/2011)

Larson's Spotlight on Mesothelioma, Independent Contractor, Disqualification for Benefits, Football Player’s Average Weekly Wage, Death Benefits and Dependency. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

Soup, Soap and Salvation -- Delaware IAB Rules That Salvation Army Rehab Program Participant Is Not an Employee

Let me start by saying if you think the goings on in Delaware are of small import, I just discovered that The Detour & Frolic has readers in Australia. We are the trend setters for not only the rest of the U.S., but the rest of the world.....who'd have thought? I heard from and have been discoursing...

MO: Commission Rejects "Illegal Alien" Defense

The employer argued that the claimant was not entitled to any benefits because she was an illegal alien. The claimant, 42, admits she was trying to "work out" her immigration status. She admitted crossing the Mexican border illegally 19 years earlier and that she was not naturalized but denied...

California: The Sticky Wicket That Is Home Health Care

Lexis.com subscribers can link to the cases and statutes cited below. An injured employee’s entitlement to home health care is oftentimes a hotly contested issue in the workers’ compensation arena. Home health care issues can vary in nature. Issues in these cases may involve the level of...

Wife Entitled to Reasonable Value of Home Health Care Services for Injured Husband: Cal. Comp. Cases June Advanced Postings (6/14/12)

Here’s the third batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Allgreen Landscape, Everest National Insurance Company...

Arizona: “Teachers for Africa” Participant Was Volunteer, Not Employee of Charity

An Arizona appellate court recently affirmed a finding by the state Industrial Commission that a claimant who worked for the International Foundation for Education and Self-Help ("IFESH") in its “Teachers for Africa” program was a volunteer and not an employee in spite of the fact...

The Resilience of the Self-Employed

Higher Quality of Life and Preventative Health Measures are Associated With Less Absenteeism and Presenteeism Technological advances, combined with the layoffs of the Great Recession, have altered the landscape of the American workforce. Some displaced workers have opened their own businesses, while...

California: Court Interpreter as Employee, Not Independent Contractor, Due to Employer Control

In Hassan v. County of Los Angeles , 2015 Cal. Wrk. Comp. P.D. LEXIS 18 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 18 (Lexis Advance), a split panel WCAB affirmed the WCJ and held that the applicant, a court interpreter, who suffered industrial injury to multiple body parts, was an employee of the...

Mississippi: Employer’s Effort to Categorize Worker as Independent Contractor Unsuccessful

Substantial evidence supported the Commission’s finding that an injured worker was an employee, and not an independent contractor, where evidence suggested the worker, a car detailer, was required to work exclusively for the purported employer, was instructed to maintain his hours by punching a...

Presumption of Employment Applied to Hairdresser: Cal. Comp. Cases May Advanced Postings (4/22/2015)

Here’s the first batch of advanced postings for the May 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. Chelo's Hair Fashion, Petitioner...

California Workers’ Comp Case Roundup (5/5/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 4 April 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...

Failure to List Applicant as Employee and to Report Payroll Did Not Defeat Insurance Coverage: Cal. Comp. Cases June Advanced Postings (6/3/2015)

Here’s the second batch of advanced postings for the June 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. Florists Mutual Insurance Company...

California Workers’ Comp Case Roundup (6/10/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 5 May 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...

Illinois: Truck Driver Was Independent Contractor, Not Employee

In a decision that could have an impact on any Uber/Lyft litigation within the state of Illinois, an appellate court affirmed a decision by the state’s Workers’ Compensation Commission’s finding that a truck driver was an independent contractor rather than an employee, and that the...

Pennsylvania: Personal Caretaker Was Independent Contractor, Not Employee

A tax filing denoting self-employment, while a relevant factor, is not dispositive on the issue of employment status, nor is the existence of an employment or independent contractor agreement. Both are factors to consider, but by themselves, they were not dispositive, held a Pennsylvania appellate court...

Kentucky: Injury Sustained in Pre-Employment Physical Not Compensable

Where a clerical worker sustained injuries during a pre-employment physical examination at a medical center, she could not recover workers’ compensation benefits because she was not an employee at the time of her injury, held the Supreme Court of Kentucky. That she actually passed the required...

California: Top 25 Noteworthy Panel Decisions (January-June 2016)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2016. The list features a number of decisions addressing utilization review time deadlines and reporting requirements, several...