Construction Worker’s Compensation

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Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision

Sorry, I couldn’t help myself with the title. The next case, Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc., California Court of Appeals for the First District, Case No. A145734 (August 16, 2016),...more

Employment Law Letter - Fall 2016

Connecticut’s system of workers compensation has been in place for over a century with few major changes, and yet it seems we keep coming up with unique circumstances that raise new questions. We’d be surprised if our readers...more

The Absent Commissioner: After a hearing, who may render a decision on the claim?

Bentley v. Jonathan Piner Construction (NC Court of Appeals, 9/20/16) Plaintiff suffered a right eye injury on March 3, 2014, when working on a construction site.? Defendants denied the claim, arguing that plaintiff was...more

CT Supreme Court Permits a Workers' Compensation Insurer to Sue Third Parties for Reimbursement

In a decision to be officially released on September 27, 2016, the Connecticut Supreme Court holds that a workers’ compensation insurer can maintain an equitable subrogation claim against third-party tortfeasors to recover...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #2

B. There is no vicarious liability for an occupier of land for the negligence of an independent contractor on the basis of agency. Heikkila v. Apex Land Corporation, 2016 ABCA 126 [4191]...more

Finding coverage for “additional insured,” Third Circuit cautions that “insurer cannot bury its head in the sand”

Executive Summary - Using the “four corners” rule, the U.S. Court of Appeals for the Third Circuit decided in Ramara, Inc. v. Westfield Insurance Co., No. 15-1003 (3d Cir. Feb. 17, 2016), that an insurer owed a garage...more

Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more

Maine Supreme Court Addresses Employee Misclassification and Workers’ Compensation Coverage Requirements

In WCB Abuse Investigation Unit v. Nate Holyoke Builders, Inc., 2015 ME 99 (August 4, 2015), a construction company obtained predeterminations of independent contractor status from the WCB for workers classified as...more

Upheld: Injured Subcontractor’s Lent Employee Has No Claim Against Landowner or General Contractor After Choosing Workers’...

In Lee v. M and H Enterprises, Inc., — P.3d —- (decided Apr. 21, 2015), the Arizona Court of Appeals recently clarified why, in most cases, landowners and general contractors are not liable when subcontractor employees are...more

Tennessee Legislation Wrap Up: What You Need to Know Before July 1st

We have previously updated you on Tennessee's new "non-retaliation for the lawful possession of a firearm" law which will go into effect on July 1, 2015. However, now that the State Legislature has wrapped up its 2015...more

Lee v. M&H, Wal-Mart - Court Rejects Lent Employee's Claim Against Special Employer After Employee Obtains Worker's Compensation...

Court Rejects Lent Employee's Claim Against Special Employer After Employee Obtains Worker's Compensation Benefits From General Employer. Plaintiff Lee suffered serious injuries while performing clean-up duties during...more

Third-party lawsuits and construction worksite accidents

According to the U.S. Bureau of Labor Statistics, more than 8,000 American employees are injured on the job every day. Some of these injuries are relatively minor, requiring only a short recovery period....more

Your “Independent Contractor” Clause Just Got a Little Less Relevant

Construction projects are complex, multi-partied, multi-disciplinary endeavors, in which subcontracting all or a portion of the work to be performed is not uncommon. When subcontracting work, parties usually make it...more

Construction Case Law Update - December, 2014

FLORIDA STATE CASES - Employer Liability Policies & Worker’s Compensation – Although decedent-employee’s estate had standing as a judgment creditor to sue the tortfeasor-employer’s liability insurer for breach of...more

Construction Case Law Update - October 2014

Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party...more

Construction Case Law Update - September #2 2014

FLORIDA FEDERAL CASES - - Contribution, Equitable Subrogation, and Breach of Contract – Insurer adequately alleged elements of contribution, equitable subrogation, and breach of contract claims in construction defect...more

Missouri Supreme Court Abandons Exclusive Causation Requirement for Worker’s Compensation Retaliatory Discharge Claims

In Templemire v. W&M Welding, Inc., -- S.W.3d -- , (Mo. 2014), No. SC93132, 2014 WL 1464574, the Missouri Supreme Court threw out its long-held interpretation of section 287.780, RSMo requiring a plaintiff in a worker’s...more

Workers' Compensation Alert: Predetermination/Misclassification in the Construction Industry

In Nate Holyoke Builders, Inc. et al. v. WCB AIU, WCB App. Div. No. 14-11 (April 24, 2014), the employer appealed a decision imposing a $30,000 penalty for misclassification of nine employees as independent contractors. The...more

The Construct - March 2014

In This Issue: - Green Law Corner: What LEED v4 Means for You - Deliberate Intent: Beyond Workers' Compensation and Into the Assets of Your Business - EPA Approves the New Phase I Standard -...more

Recent Legal Decisions Prove That Your Experience Modification Rate Matters More Than Ever

Some contractors no doubt experienced sticker shock when their most recent workers’ compensation audit came back with a higher-than-expected Experience Modification Rate, or EMR, that raised their insurance premium despite...more

Contractors State License Board Beefs Up Public Works Unit

The California Contractors State License Board (“CSLB”) has announced that it’s beefing up its Public Works Unit to help ensure that contractors bidding and performing work on public works projects are complying with wage and...more

“CRASH!” What to Do After a Construction Site Accident

Unfortunately, construction site accidents are a reality that even the most careful of contractors and subcontractors may encounter. While the time immediately following an accident can be chaotic, keeping a level head and...more

California Insurance Laws Enacted in 2013

October 13, 2013 was the deadline for Governor Jerry Brown to act on bills passed by the California Legislature this year. Here are summaries of noteworthy insurance-related bills which Governor Brown signed into law. Unless...more

Retailer Liability - NY Court Clarifies Type of Cleaning Governed by "Scaffold Law"

Today, New York's highest court issued a decision that affects an injured worker's right to compensation under Labor Law Section 240, an absolute liability statute feared by many New York property owners and their contractors...more

Create Jobs through Regulatory Reform

In light of the fact that the NC Senate is preparing to vote on a recently-passed House bill, it is appropriate to revisit one topic that may be addressed by the Senate in the coming days. The House passed Senate Bill 112...more

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