Acknowledging that one of the important factors to be considered in determining whether a worker is an independent contractor, rather than an employee, is whether the worker brings important “equipment”...
Idaho Court Says Bodies of Tandem Skydivers Are Not "Equipment" Idaho Court Says Bodies of Tandem Skydivers Are Not "Equipment"Construing the state’s traveling employee rules, as those rules pertain to claims for workers’ compensation benefits, a New York appellate court affirmed a decision by the state’s Workers’ Compensation Board...
NY Court Construes State’s Traveling Employee Rules and Affirms Award of Benefits NY Court Construes State’s Traveling Employee Rules and Affirms Award of BenefitsIn an unusual case with an interesting twist, a New York appellate court yesterday affirmed a decision by a state trial court that denied a defendant's motion for summary judgment...
Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-Worker Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-WorkerThe Supreme Court of Missouri, construing the state’s special causation rules for workers’ compensation claims, affirmed a decision by the state’s Labor and Industrial Relations Commission that denied an employee’s...
"First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not Compensable "First Do No Harm" – Missouri Employee's Injuries At Doctor's Office Not CompensableNew York practitioners are aware that when a party seeks review of a WCLJ's findings, the state's Workers' Compensation Board has become quite strict in its examination of a party's...
For NY Board's Form RB-89, Question 15's "When" Did Not Mean a Specific Date For NY Board's Form RB-89, Question 15's "When" Did Not Mean a Specific DateIn this morning’s post, I was critical of a number of states whose governors had marched to the microphone and camera and, in the face of the COVID-19 pandemic, announced...
In Illinois, You Need Neither a Legislature Nor a Governor: Comp Commission Unilaterally Changes its Rules of Evidence In Illinois, You Need Neither a Legislature Nor a Governor: Comp Commission Unilaterally Changes its Rules of EvidenceIllustrating yet again, that the age-old adage that an employer generally takes an employee as it finds him or her, a Nebraska appellate court affirmed a finding by the state’s...
Broken Ankle Results in Permanent Total Disability for Nebraska Truck Driver Broken Ankle Results in Permanent Total Disability for Nebraska Truck DriverIn a decision that could have important implications for those who travel as part of their work for North Carolina employers, a state appellate court, affirming a decision of the...
NC Court Narrows State’s Traveling Employee Rule NC Court Narrows State’s Traveling Employee RuleIn Georgia, a borrowed servant is, even though temporarily, the co-employee of the borrowing employer’s regular employees. Accordingly, such a borrowed servant may not sue one of the employer’s regular...
In Georgia, Borrowed Servant is Co-Employee of Borrowing Employer’s “Regular” Employee In Georgia, Borrowed Servant is Co-Employee of Borrowing Employer’s “Regular” EmployeeApplying Virginia’s so-called “actual risk test,” a state appellate court affirmed a decision by the Virginia Workers’ Compensation Commission that had denied benefits to a school security officer who fell...
Virginia School Guard’s Injuries Allegedly Caused by Wind Were Not Compensable Virginia School Guard’s Injuries Allegedly Caused by Wind Were Not CompensableIn a real “head-scratcher,” an Arkansas appellate court, relying on a 50-year-old decision of the state’s Supreme Court, held that the Arkansas Commission did not err when it determined that...
Arkansas Carrier Wins: Requires Premiums Be Paid on Worker’s Earnings, Then Says He Was Independent Contractor Arkansas Carrier Wins: Requires Premiums Be Paid on Worker’s Earnings, Then Says He Was Independent ContractorAcknowledging that when South Carolina’s Workers’ Compensation Commission makes a credibility determination based on substantial evidence, that credibility finding itself is substantial evidence, and factual findings properly based on such...
SC Supreme Court Stresses Commission May Not Use Credibility as a Wild Card SC Supreme Court Stresses Commission May Not Use Credibility as a Wild Card