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Larson’s Spotlight on Recent Cases: No Offset Against Workers’ Comp Benefits Allowed for Unemployment Benefits

Larson's Spotlight on Offset, Retirement, Independent Contractor, and Choice of Law/Forum. 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. ...

Larson’s Spotlight on Recent Cases: High Threshold Exists to Stay Payment of Future Medical Benefits

Larson's Spotlight on Future Medical Benefits, Employee Status, Retaliatory Discharge, and Disfigurement. 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...

Joint and Several Award Against Multiple Defendants in Cumulative Trauma Case: Cal. Comp. Cases July Advanced Postings (7/11/2013)

Here’s the third batch of advanced postings for the July 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. Select Personnel Services, American...

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'...

Independent Contractor Required to Transfer Medical Care Into MPN: Cal. Comp. Cases October Advanced Postings (10/10/2013)

Here’s the third batch of advanced postings for the October 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. Hattie Goings , Petitioner v. Workers'...

Federal: Tennessee Employee May Not Sue Statutory Employer for Work-Related Injury

Noting that Tennessee courts have held that the exclusive remedy rule protects statutory employers from tort claims by employees of their subcontractors for injuries covered by the Tennessee workers' compensation act, even if the immediate employer pays the entire workers' compensation claim...

Black Mold Aggravates Applicant’s Pre-Existing Asthma: Cal. Comp. Cases February Advanced Postings (2/13/2014)

Here’s the latest batch of advanced postings for the February 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. City of Oakland, PSI, administered...

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...

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...

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...

Employee and Self Employed Street Sign

Texas: Injured Employee of Non-Subscribing Employer May Not Proceed Directly Against Employer’s Liability Insurer

In a per curiam order, the Supreme Court of Texas held that a worker could not proceed directly against a non-subscribing employer’s general liability insurance carrier until it had been established, by judgment or agreement, that the employer had a legal obligation to pay damages to the injured...

North Carolina: Evidence Establishes Taxi Driver Was Independent Contractor, Not Employee

A North Carolina appellate court affirmed a decision by the state’s Industrial Commission that found a taxi driver was an independent contractor and not an employee and, accordingly, could not recover workers’ compensation benefits following an incident in which the driver was shot in the...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...