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Carrier’s Lack of Control Shows that Driver was Independent Contractor
Carrier’s Lack of Control Shows that Driver was Independent Contractor

Case File Because a carrier didn't hold control over how a driver did his work, what equipment he used, and the schedule he followed, the driver was an independent contractor and not an employee under […]
Could Fiancee of Ohio Man who Fell through Roof Appeal Dependency Decision?
Could Fiancee of Ohio Man who Fell through Roof Appeal Dependency Decision?

What Do You Think? LaGrange, OH (WorkersCompensation.com) -- Dependents are entitled to seek death benefits under the Ohio workers’ compensation act. But if the Bureau of Workers’ Compensation finds that the claimants are not dependents […]
Failure to Report Injury ‘Forthwith’ doesn’t Doom Worker’s Claim
Failure to Report Injury ‘Forthwith’ doesn’t Doom Worker’s Claim

Case File A worker didn't report his injury "forthwith" as required by Arizona law, but that didn't spell doom for his workers' compensation benefits. Simply Research subscribers have access to the full text of the […]
Can University Close Book on Tort Claim of Worker who Tripped Near Entrance?
Can University Close Book on Tort Claim of Worker who Tripped Near Entrance?

What Do You Think? Cincinnati, OH (WorkersCompensation.com) -- An employee does not always have to get injured inside the building where he works to be covered by workers’ compensation benefits. One exception to the “coming […]
South Carolina Workers’ Compensation Case Law Update Series, Part I: Brooks v. Benore Logistics Systems, Inc. 
South Carolina Workers’ Compensation Case Law Update Series, Part I: Brooks v. Benore Logistics Systems, Inc. 

By Margaret H. “Meg” Donahue  Background  The South Carolina appellate courts have been faced with several questions on workers’ compensation in recent months, producing opinions that will affect practice points and claims handling in defending […]
Colo. Exclusivity Rules don’t Bar Injured Worker from Seeking UM/UIM Benefits
Colo. Exclusivity Rules don’t Bar Injured Worker from Seeking UM/UIM Benefits

Case File Colorado's top court decided that an employee injured in the course of his employment by the acts of an uninsured or underinsured third-party tortfeasor, and who receives workers' compensation benefits as a result, […]
‘Reasonable Degree’ of Med Certainty Supports Claim that N95 Mask Caused Illness
‘Reasonable Degree’ of Med Certainty Supports Claim that N95 Mask Caused Illness

Case File A medical expert's conclusion based on a "reasonable degree of medical certainty" was enough to establish a causal link between a worker's using a required N95 mask on the job and her respiratory […]
Could Widow Sue Maine Tavern for Husband’s Death in Beer-fueled Fight?
Could Widow Sue Maine Tavern for Husband’s Death in Beer-fueled Fight?

What Do You Think? Scarborough, ME (WorkersCompensation.com) -- The exclusivity provision in Maine’s workers’ compensation act bars an injured worker, or representative, from suing an employer after obtaining workers’ compensation benefits. One case addresses whether […]