Employee of Uninsured Michigan Subcontractor May Not Sue General Contractor

FL Condo Association Was Statutory Employer of Valet Service Employee and Immune from Tort Liability

Because a condominium association had a contractual obligation to provide valet services to the condominium owners pursuant to the terms of the declaration of condominium, the association was the statutory...

Self-Employed SC Roofer May Have Been Roofing Co.’s Employee

The Court of Appeals of South Carolina reversed, in part, a decision by the state’s Workers’ Compensation Appellate Panel that had found an injured roofer was an independent contractor—and not...

FL Insurer’s Cancellation Effective in Spite of Issuance of Certificate of Insurance

A Florida appellate court affirmed a finding by a state Judge of Compensation Claims that a subcontractor’s workers’ compensation policy had been cancelled prior to a work-related injury suffered by...

Self-Employed Nebraska Subcontractor Not Aided by Statutory Employer Protections

A Nebraska appellate court held that a self-employed person engaged in his own self-employed business, and who elected not to bring himself within the state’s Workers’ Compensation Act, was not...

Florida Utility Was Not Statutory Employer of Injured Workers of Maintenance Company

The obligation of a Florida public utility to maintain its facilities and equipment arose out of an administrative regulation and, therefore, was not the sort of obligation that could be...

Rule 12(b)(1) vs. 12(b)(6): What’s the Difference? Parties Discover that With Motions to Dismiss, Subsections Matter

Questions of employer immunity from actions for workplace injuries do not raise issues pertaining to the original subject matter jurisdiction of Washington's superior courts, held a state appellate court in...

SC Court Affirms Finding That Maintenance Worker Was Not Statutory Employee of Manufacturer

$14 Million Verdict Stands, Worker’s Duties, Although “Essential,” Were Not Part of Defendant’s Business In a South Carolina wrongful death action, the state’s Court of Appeals recently affirmed a trial...

Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall Injuries

Where the State of Arizona, through its Department of Corrections, had an ongoing duty to insure that inmates received adequate health services and it contracted with an employment services provider...

Kentucky Truck Driver’s Tort Action Against Wal-Mart Barred by Statutory Employer Rules

A truck driver, who alleged that he sustained injuries while delivering merchandise to a Wal-Mart store in Kentucky cannot proceed in his civil action against the large retailer since, under...

Missouri: Survivors May Proceed in Tort Against Uninsured Employer After Recovering Workers’ Compensation Benefits From Statutory Employer–No Election of Remedies Problem

In a 4–3 decision, the Supreme Court of Missouri recently reversed the decision of a state trial court that earlier had held a workers’ compensation award against a statutory employer...