In Berkebile Towing & Recovery v. Workers’ Comp. Appeal Bd. (Harr), 2021 Pa. Commw. LEXIS 427 (May 10, 2021), the Commonwealth Court of Pennsylvania affirmed a decision by the state’s...
PA Tow Truck Operator Was Employee, Not an Independent Contractor PA Tow Truck Operator Was Employee, Not an Independent ContractorPanel Says District Court Abused Discretion Last Wednesday, in California Trucking Ass’n v. Bonta, 2021 U.S. App. LEXIS 12629 (9th Cir., Apr. 28, 2021), a divided panel of the Ninth...
Split 9th Circuit Panel Overturns Injunction Favoring Golden State Truckers Split 9th Circuit Panel Overturns Injunction Favoring Golden State TruckersIn Vazquez v. Jan-Pro Franchising International, Inc., 2021 Cal. LEXIS 1 (Jan. 14, 2021), the Supreme Court of California held its earlier Dynamex decision [Dynamex Operations West, Inc. v. Superior...
California Supreme Court Says Dynamex Should be Applied Retroactively California Supreme Court Says Dynamex Should be Applied RetroactivelyStressing that under Georgia law, it is the right to control, not the actual exercise of that control, which determines whether the work relationship is one of employer and employee,...
Georgia Husband/Wife Driving Team Were Employees: Wife’s Tort Action Barred by Exclusivity Georgia Husband/Wife Driving Team Were Employees: Wife’s Tort Action Barred by ExclusivityYesterday (September 18, 2019), California Governor Gavin Newsom signed into law Assembly Bill 5—the much talked about “gig worker” law that strikes at the heart of the business model for...
California Governor Signs “Gig Worker” Bill into Law California Governor Signs “Gig Worker” Bill into LawWhere one North Dakota worker was killed and another seriously injured in a work-related explosion, neither the deceased worker’s parents nor the injured worker could maintain a civil action against...
Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer” Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer”Two weeks ago I wrote about Amazon’s new “last-mile” delivery service. In that post, I pointed out that Amazon had carefully crafted the business model to assure that the delivery...
Seattle Delivery Service Hit With $1 Million in Workers’ Comp Premiums, Penalties and Interest Seattle Delivery Service Hit With $1 Million in Workers’ Comp Premiums, Penalties and InterestInjured Employee Must Either Assign Cause or Join Litigation as Party Plaintiff In Pennsylvania, a workers’ compensation insurance carrier may not maintain a third-party action against an alleged tortfeasor on...
Divided PA Supreme Court Refuses to Allow Comp Carrier to Maintain Third-Party Action on Behalf of Injured Employee Divided PA Supreme Court Refuses to Allow Comp Carrier to Maintain Third-Party Action on Behalf of Injured EmployeeAnyone familiar with the FedEx, Uber/Lyft litigation going on at various levels in California’s courts and before the state’s administrative agencies knows that the Golden State appears to have “a...
Now California’s Pro Sports Cheerleaders are Employees Now California’s Pro Sports Cheerleaders are EmployeesAs I mentioned in an earlier post, juries in two civil actions pending before a federal court sitting in California will be allowed to determine if Uber and Lyft have...
Proposed Alaska Legislation Would Clarify That Uber and Lyft Drivers Are Not Entitled to Comp Benefits Proposed Alaska Legislation Would Clarify That Uber and Lyft Drivers Are Not Entitled to Comp Benefits