The Supreme Court of Oklahoma, reversing a trial court's decision that had, pursuant to 12 O.S. 2011 §§1053A, granted summary judgment, in relevant part, to an employer sued in a...
Oklahoma High Court Strikes Down Exclusive Remedy Rule for Non-Dependent Parents Oklahoma High Court Strikes Down Exclusive Remedy Rule for Non-Dependent ParentsIt is axiomatic that the procedural law of workers’ compensation takes its lead and tone from the beneficent nature of the legislation. Except in those few jurisdictions utilizing court administration...
Around the Horn: Admissibility of Hearsay in Workers’ Compensation Cases Around the Horn: Admissibility of Hearsay in Workers’ Compensation CasesA commercial truck driver, who sustained injuries during an unpaid pre-employment drive test that consisted of an actual delivery for the prospective employer, was not a “worker,” as that term...
Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker” Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker”A provision of the Massachusetts Workers’ Compensation Act (Act), Mass. Gen. Laws ch. 152, § 75B(2), and not the common law, affords an employee who was injured on the job...
Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in TortCA Employers: Stock Up on Your W-2s; Recycle Your 1099s In a decision that continues California’s trend toward allowing the designation of a worker as an independent contractor only under...
California High Court Narrows Rule For Classification of Workers as Independent Contractors California High Court Narrows Rule For Classification of Workers as Independent ContractorsA retaliatory discharge action filed under 820 Ill. Comp. Stat. Ann. § 305/4(h)—part of the Illinois Workers’ Compensation Act—may not be removed from an Illinois trial court to a federal...
Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court