Position paper presented at CSIMS 2024 by Hon. Robert G. Rassp, Chairman of the Board of Directors, Friends Research Institute (friendsresearch.org) Disclaimers: The opinions expressed in this article...
CALIFORNIA COMPENSATION CASES Vol. 89, No. 8 August 2024 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board The June 13, 2024 edition of the LexisNexis Workers’ Compensation...
LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2024. The first...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board It is well understood that the California Insurance Guarantee Association...
The North Carolina Industrial Commission did not err in concluding that plaintiff (“Bentley”) was an independent contractor—and not an employee—of a construction company where it appeared, in relevant part, that Bentley held himself out as the owner and operator of his own construction company, distributed business cards indicating that “Bentley Construction” was engaged in providing various construction services, maintained a website under his business name, provided most of the tools required to perform the services, engaged in hiring his own crew, set his and his crew’s hours, was not subject to any significant degree of supervision, and was generally responsible only for the finished product—construction framing. The Court added that while Bentley was paid by the hour—ordinarily a characteristic of actual employment—that factor was not determinative.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Bentley v. Jonathan Piner Constr., 2017 N.C. App. LEXIS 561 (July 18, 2017)
See generally Larson’s Workers’ Compensation Law, § 61.04.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law