Class Action Filed Against Google for Mislabeling Workers as Independent Contractors On Wednesday, November 12th, a former Google employee filed a class action lawsuit against the tech company for misclassifying him as an independent contractor, which allowed the company to avoid paying federal taxes, give him overtime, or pay his workers comp. The lawsuit was filed in a New York federal court, and although there is only one plaintiff so far, the lawsuit seeks to consolidate as a class action to fight for other current and former Google … [Read more...]
Exotic Dancers Ruled Employees and are Due Workers Comp
November 6, 2014 by
Las Vegas Exotic Dancers are Due Workers Comp for Injuries After Being Ruled Employees of Club The Sapphire Gentlemen’s Club in Las Vegas, Nevada, erroneously classified their exotic dancers for years as independent contractors, rather than employees, in order to avoid taxes and workers comp payments. Now, the Nevada Supreme Court has overturned a previous ruling that the dancers are not due workers comp coverage, finding that the dancers are full employees of the club, and are therefore due workers comp for injuries sustained on the job, … [Read more...]
Ebola Could Be Covered by Workers Comp in Some Cases
October 23, 2014 by
Ebola Could Be Considered “Occupational Hazard” and Covered by Workers Comp for Some Jobs Thousands of people in Sierra Leone, Liberia, and Guinea have died after contracting Ebola in one of the worst outbreaks of this incredibly contagious disease seen so far. Other countries, including Nigeria, Senegal, Spain, and US also have a small number of cases, showing just how contagious this fluid-borne illness can be. As a second nurse in the United States has contracted Ebola from working with an Ebola patient, debate surges regarding safety … [Read more...]
Feds Raid Tampa Businesses Charged with Workers Comp Fraud
October 9, 2014 by
Two Tampa-Area Businesses Charged with Millions of Dollars in Workers Comp Fraud Federal agents raided two Tampa-based businesses on Thursday, October 2nd, after investigations showed the businesses had committed millions of dollars in workers comp fraud. AmeriMed Diagnostics advertises that they help injured federal workers with insurance and workers comp claims, and offers some medical services like physical therapy. Unnamed sources say that the AmeriMed offices committed “workers’ compensation fraud worth millions of … [Read more...]
Workers Comp Denied for Mesothelioma in WA State
September 26, 2014 by
Washington State Supreme Court Rules No Workers Comp for Mesothelioma Case On Thursday, September 18th, the Supreme Court of Washington State found that a worker who died in 2013 of mesothelioma caused by working in one of Boeing’s plants was not eligible for workers comp, as Boeing could not know the conditions would cause the disease. The workers comp appeal was originally brought forth by Gary Walston, a former employee of Boeing who was diagnosed with mesothelioma in 2010. Walston claimed that, while working for Boeing from 1956 to … [Read more...]
Independent Contractors Misclassified to Avoid Workers Comp
September 22, 2014 by
Employers Criticized for Misclassifying Independent Contractors to Avoid Workers Comp Premiums, Taxes Under traditional employment terms, employers pay for workers comp insurance coverage for their employees. However, with independent contractor status, the employee is not a direct employee of the company they receive paychecks from, which means the employer does not have to cover federally-regulated employee benefits like workers comp. Recently, numerous businesses, from construction companies to hospitals to strip clubs, have faced heavy … [Read more...]
Physicians Make Difference in Workers Comp Costs
August 28, 2014 by
Self-Interested Physicians Drive Up Workers Comp Costs in Some States A study of three states conducted by the Workers Comp Research Institute revealed that high mark-ups for physicians and physician-dispensed drugs was largely responsible for increases in workers comp costs. The study looked at workers comp costs in Maryland, Pennsylvania, and Georgia. In both Maryland and Pennsylvania, lawmakers unsuccessfully attempted to curb physician dispensing of pharmaceuticals for workers comp insurance; in Maryland, 40% of prescriptions for … [Read more...]
Florida Workers Comp Law Declared Unconstitutional
August 22, 2014 by
Miami Judge Rules Against Florida Workers Comp Law A judge from the Miami area declared Florida’s workers comp laws unconstitutional on Wednesday, August 13th. Since 1968, workers comp in Florida has been the “exclusive” legal remedy in the event that an employee is injured on the job. However, starting in 1990, legislators began to chip away at the benefits offered by the system, justifying the reductions as measures to keep Florida competitive against other states when attracting businesses. Subsequently, workers who are injured on the … [Read more...]
Tennessee Rules Undocumented Workers Can Sue for Workers Comp
August 15, 2014 by
Tennessee Court Says Undocumented Workers Can Sue for Workers Comp A Tennessee Court of Appeals ruled on Wednesday, August 5th, that undocumented workers have the right to sue a former employer in the event of retaliation against their workers comp claims. The decision was based on the case of Ricardo Torres, who worked as a converter builder for auto supplier Precision Industries in Whiteville, TN. After five months at his job, Mr. Torres injured his back in January 2011. Although he was not legally authorized to work in the US at the … [Read more...]
NM Court Rules For Workers Comp Payment to Medical Marijuana
July 31, 2014 by
Appeals Court in New Mexico Rules Medical Marijuana Should Be Paid By Workers Comp A New Mexico Court of Appeals ruled recently that an employer’s workers comp coverage should go to pay for an injured worker’s medical marijuana. This is, so far, the first appellate court ruling in favor of medical marijuana treatment paid by an insurance company for a work place injury. The injured worker, George Vialpando, was working at Ben’s Automotive Services in Santa Fe in 2000 when he seriously injured his back. His physician testified that … [Read more...]
