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CA 2nd Says 'Discharge' Requires Affirmative Dismissal

10/20/2004
L'Oreal deemed Smith an independent contractor it took its time paying her issuing payment two months after the work was completed. Smith brought suit seeking class action certification alleging a violation of Labor Code sections 201 and 203. Section 201 provides that if an employee is "discharged

Category: News

CWCI SB 899 Seminars Scheduled for June

04/26/2004
Procedures Attendant Care Issues Independent Contractor Remedy Temp Psychiatric Injuries For more information of registration and related fees please refer to httpwww.cwci.orgcl04fly.pdf . Source CWCI

Category: News

RI Fraud Unit Reports 4X Increase in Employer Penalties

03/02/2004
business without insurance. Investigations include a review of wages waivers and independent contractor records. A total of 286876 in penalties was collected against employers for failure to maintain workers' compensation coverage compared to only 87514 in 2002 and 43955 in 2001. In 2003 the

Category: News

CA 2nd: Deducting Cost of WC Insurance Unlawful

12/12/2003
The Second District Court of Appeal for California in a decision certified for partial publication has ruled that it is unlawful for a company to enter into a contract with an independent contactor and then require the independent contractor to pay the cost of workers' compensation insurance

Category: News

TWCC Reviews New Laws of 78th Session

09/11/2003
accrual due date or the requirement to begin payment within seven days of the eighth day of disability. -Clarifies that the date a certified self-insurer receives notice of an injury for purposes of "pay or dispute" is the date the qualified claims servicing contractor receives notice. -Clarifies

Category: News

Engineer on Vessel Not Within Jones Act, LHWCA

09/08/2003
independent contractor which sent its representative Timothy Angell to repair the engine. Dutra also arranged for several of its employees including Stewart to assist in the repair process. The old engine was removed and a new engine was lowered into the scow by means of a crane but a protective

Category: News

SCIF Suit Gives Glimpse of Legal Dept Issues

09/02/2003
and was working part-time three days per week. However Ross agreed to continue working after her retirement as an independent contractor performing the AIC job on the two days each week when Ah- Tye was not in the office. Based on the recommendations of Ross and a claims manager "client" of

Category: News

OSHA: MA Construction Worker Death Preventable

07/29/2003
Administration OSHA. William A. Berry & Son of Danvers Mass. general contractor on the construction of a new dormitory at Brandeis University faces 46200 in fines for alleged willful and serious violations of the Occupational Safety and Health Act following the March 2 fatality. A crew of laborers

Category: News

U.S Appellate Upholds Premises Liability Claim

07/22/2003
The United States Court of Appeals for the 8th Circuit recognized the exclusive remedy of Missouri and ruled that employees of an independent contractor were precluded from recovering on a premises liability claim because they were covered by their own employer's workers' compensation plan

Category: News

CA: No Prop Owner Liability to Ind Cont Employee

07/22/2003
On Friday the First Appellate District of the California Court of Appeals ruled that a premises owner has no liability to an independent contractor's employee for a dangerous condition a contractor has created on the property unless the dangerous condition was within the property owner's control

Category: News

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