Petition for hearing challenging UEF’s “employee” determination received by Court 1 day after limitations period had run is time-barred, equitable tolling not applicable as current §520 is not ambiguous and this is simply a case of neglect, time not extended by 3 days for mailing… UEF’s “employee” determination is final… Sandler. [Read more…]
Comp exclusivity, MIGA employer reimbursement
COMP EXCLUSIVITY: Employer not required to reimburse MIGA for claims paid on behalf of insolvent comp insurer… Seeley affirmed. [Read more…]
Work comp, MIGA recovery authority
WORK COMP: No authority by MIGA to recover from employer payments to employee on behalf of insolvent insurer… no need to harmonize statutory conflicts because of unique nature of comp… Seeley. [Read more…]
SIF, vocational handicap certificate
SIF had no duty to contact employer and request compliance with §39-71-906, properly denied reimbursement to insurer because it did not have vocational handicap certificate from employer… Spear affirmed… Shea. [Read more…]
Contractor/employee, UI claim
County cemetery caretaker may have satisfied AB test, but is not independent contractor for purposes of UI claim as she had no comp on herself or exemption certificate… summary judgment for ICCU… Shea. [Read more…]
Grizzly mauling, employee v. volunteer, pot use
Claimant injured while feeding grizzly was employee of bear park, not volunteer… use of marijuana ill-advised or mind-bogglingly stupid but not “major contributing cause” of [Read more…]
Employee/contractor, emergency beds salesman
Equipment/right to fire factors dictate employee status of salesman… ICCU affirmed… Shea. [Read more…]
UEF 3rd-party indemnity
UEF’s request to file 3rd-party petition for indemnity against allegedly uninsured employers granted in light of HB 119 and employers’ due process rights.. Shea. [Read more…]