Monthly Archives: April 2015

Proposed Alaska Legislation Would Clarify That Uber and Lyft Drivers Are Not Entitled to Comp Benefits

As 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 the right to exercise sufficient control over California drivers to … Continue reading

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Kentucky Contractor Immune From Suit Filed by Employee of Subcontractor

Applying Kentucky’s “up-the-ladder immunity” doctrine, a state appellate court vacated a trial court’s refusal to grant summary judgment in favor of a defendant corporation that had been sued in tort by the employee of a sub-contractor, finding the defendant contractor … Continue reading

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Virginia Employee Who Cures Light Work Refusal Entitled to Comp Benefits

In a decision that has been not been designated for publication, the Court of Appeals of Virginia held that an employee cured his refusal of selective employment (“light work”) where, following a work-related injury, he resigned from his employment rather … Continue reading

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Federal Court Must Sever and Remand Oklahoma Retaliatory Discharge Claim

On Tuesday, a federal district court in Oklahoma, noting that claims arising under the workers’ compensation laws of any state are not removable under 28 U.S.C.A. § 1445(c), held that when a case was removed from state court based on … Continue reading

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New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling

Where Claimant sustained a severe sprain to his right shoulder while working as a police officer in 1981 and returned to work without any schedule of loss (“SLU”) or other permanency related to that injury and again suffered a right … Continue reading

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