LA Fourth Circuit, 3–2, Holds Dump-Truck Driver Paid 25% of Truck Earnings Was an Employee Despite 1099; Dissent Invokes Manifest-Error Review The Louisiana Court of Appeal, Fourth Circuit recently reversed...
Louisiana Court: Paid a Percentage, Still an Employee Louisiana Court: Paid a Percentage, Still an EmployeeKY Supreme Court Holds the Statutory Presumption Against Recovery for Intoxicating Substances Does Not Apply to Alcohol The Kentucky Supreme Court has affirmed benefits for a traffic flagger who was...
Alcohol Falls Outside KY’s Presumption of Causation Alcohol Falls Outside KY’s Presumption of CausationFL First DCA Holds Harlem’s Narrow “Heart Disease” Definition Does Not Bar a Firefighter’s Arrhythmia Claim Under the Heart-Lung Presumption Florida’s First District Court of Appeal has affirmed an award...
The Heart Has Wiring, Too The Heart Has Wiring, TooOregon Court Applies New Claim-Closure Requirements to Case Pending on Judicial Review The Oregon Court of Appeals has held that 2022 amendments limiting retroactive “medically stationary” determinations apply to a...
“Closed” Under Old Rules, Reprocessed Under New “Closed” Under Old Rules, Reprocessed Under NewSupplementing my earlier post, in separate rulings yesterday, both Uber and Lyft failed to satisfy United States District Court judges that their drivers are independent contractors and not employees [see...
Juries Will Decide if Uber and Lyft Drivers are Employees Juries Will Decide if Uber and Lyft Drivers are EmployeesHolding that the factual findings of a workers’ compensation judge were “self-contradictory,” the Supreme Court of Minnesota has, for the second time, reversed and remanded an award of benefits to...
MN High Court Gives Math Lesson to Lower Court: “2/3 Does Not Equal 1/2” MN High Court Gives Math Lesson to Lower Court: “2/3 Does Not Equal 1/2”An employee’s injuries sustained in a one-car auto accident while he drove down a dead-end road some 2.5 miles from his office did not arise out of and in the...
Tell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp Claim Tell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp ClaimA City of Chicago plumbing inspector, whose duties required him to travel throughout the city by car to inspect the plumbing in both residential and commercial buildings, sustained an injury...
Chicago Plumbing Inspector’s Trip & Fall on Street Curb is Compensable Chicago Plumbing Inspector’s Trip & Fall on Street Curb is CompensableTwo Injured Workers File Petition With Oklahoma Supreme Court Two Oklahoma workers who were denied benefits under Injury Benefit Plans set up by their respective employers after the effective date...
Injured Workers Challenge Constitutionality of Oklahoma Opt Out Law Injured Workers Challenge Constitutionality of Oklahoma Opt Out LawSenate Bill 721 On Wednesday, state senator Mark Green (Republican from Clarksville), introduced Senate Bill 721 to the Tennessee legislature. If enacted, many Tennessee employers would be allowed to opt-out...
Workers’ Comp “Opt-Out” Bill Introduced in Tennessee Legislature Workers’ Comp “Opt-Out” Bill Introduced in Tennessee LegislatureArguments were held last week in connection with motions pending in a federal lawsuit [O’Connor v. Uber, 13–3826, U.S. District Court, N.D. Cal.- San Francisco] that could put an ugly...
Could Employee Classification Issues Uberwhelm the Uber Business Model? Could Employee Classification Issues Uberwhelm the Uber Business Model?Illustrating the point that for telecommuting employees, who are often tethered to their employers by ubiquitous cell phones and tablets, the line between the employment world and private life is...
Maine Home Treadmill Fatality Found Compensable Maine Home Treadmill Fatality Found CompensableAn authorized treating health care provider’s “certification” authorizing the use of medical marijuana under New Mexico’s Compassionate Use Act [N.M. Stat. Ann. § 26–2B–1 et seq.] is the functional equivalent...
New Mexico: Health Care Provider’s “Certification” of Medical Marijuana is Functional Equivalent of Prescription for Injured Worker New Mexico: Health Care Provider’s “Certification” of Medical Marijuana is Functional Equivalent of Prescription for Injured WorkerThe Supreme Court of South Carolina, reversing the state court of appeals, recently held that an office worker who sustained injuries when she fell as she walked down an unobstructed,...
South Carolina Supreme Court Adopts What Amounts to Positional Risk Standard in Slip and Fall Cases South Carolina Supreme Court Adopts What Amounts to Positional Risk Standard in Slip and Fall CasesIn a split decision dealing with the application of the personal comfort doctrine described in Larson’s Workers’ Compensation Law, § 21.01, et seq., a majority of the Supreme Court of...
Kentucky High Court Splits in Case Involving Personal Comfort Doctrine Kentucky High Court Splits in Case Involving Personal Comfort DoctrineA Federal District Court in Texas has refused to grant a motion for summary judgment filed by Defendant BP Products North America, Inc. (“BP Products”) in a civil action arising...
For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery
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