Construing Florida’s “going and coming” statute, § 440.092(2), Fla. Stat., a state appellate court affirmed a finding by a judge of compensation claims that injuries sustained by an American Airlines...
Claim of FL Airlines Employee Barred by Going and Coming Statute Claim of FL Airlines Employee Barred by Going and Coming StatuteIn a decision that stands in stark contrast to court holdings in some other states—particularly California—a Nebraska appellate court affirmed a decision by the state’s compensation court that had found...
Nebraska Court Agrees Truck Driver Was Independent Contractor Nebraska Court Agrees Truck Driver Was Independent ContractorYesterday, the Supreme Court of New Jersey, reversing a decision of the Superior Court, Appellate Division [see 466 N.J. Super. 160, 245 A.3d 1019 (App. Div. 2021)], found that serious injuries...
NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are Compensable NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are CompensableA New York appellate court affirmed a trial court’s determination that there were issues of fact as to whether a defendant was the special employee of plaintiff’s employer so as...
NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy Defense NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy DefenseIn 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 TruckersA 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...
Self-Employed Nebraska Subcontractor Not Aided by Statutory Employer Protections Self-Employed Nebraska Subcontractor Not Aided by Statutory Employer ProtectionsA Louisiana appellate court reversed a decision by a state trial court that had denied a corporate defendant’s motion for summary judgment in a negligence action filed against it by...
Louisiana Temp Worker Injured Two Hours After Reporting for Work May Not Sue Borrowing Employer in Tort Louisiana Temp Worker Injured Two Hours After Reporting for Work May Not Sue Borrowing Employer in TortA Washington appellate court reversed a determination by a state superior court that had determined that a staffing firm, which assigned temporary workers to a specific entity, could be liable...
Washington Staffing Firm Was Not Employer For Purposes of Safety Violations Washington Staffing Firm Was Not Employer For Purposes of Safety ViolationsA New Jersey appellate court affirmed a state trial court’s decision to grant summary judgment in favor of a defendant supply company in a civil action filed against it by...
NJ Worker's Tort Action Against Supply Company Fails on Exclusivity Grounds NJ Worker's Tort Action Against Supply Company Fails on Exclusivity GroundsStressing 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 Exclusivity