Oregon High Court Says Board’s Order Assessing Penalties Against Comp Insurer Lacked Clarity

Nebraska Court Agrees Truck Driver Was Independent Contractor

In 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...

PA Tow Truck Operator Was Employee, Not an Independent Contractor

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...

Opinion Mondays: Is California's "Posse Law" Passé?

In a case involving an utterly bizarre fact pattern, as well as a legal battle stretching out over the bulk of a decade, the Supreme Court of California, in a...

NY Red Cross Volunteer May Not Recover for Injuries During Charitable “Work”

A New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that had denied workers’ compensation benefits to a Volunteer Community Ambassador for the Red Cross...

Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker”

A 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...

California High Court Narrows Rule For Classification of Workers as Independent Contractors

CA 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...

SC Court Signals That Uber Business Model Probably OK in the Palmetto State

E-businesses like Uber and Lyft, which utilize smartphone or tablet apps to connect passengers and drivers with vehicles for hire are beginning to carve out a niche within the economy....

Ohio: Truck Driver’s Termination For Causing Accident in Which He Sustained Injuries Does Not Disqualify Him From TTD Benefits

In State ex rel. Haddox v. Industrial Comm’n, 2013 Ohio 794, 2013 Ohio LEXIS 618 (Mar. 12, 2013), the Supreme Court of Ohio recently affirmed an appellate court’s decision that...