On March 14, 2024, the claimant was in a motor vehicle accident while operating the leased truck, and he stopped working for the employer afterwards. The claimant filed a claim for temporary medical benefits and medical benefits. The employer contested the claim by arguing that the claimant was an independent contractor, and thus they are not liable for worker’s compensation benefits.
In Roadsafe Traffic Systems, two claimants were seriously injured in a motor vehicle accident during their commute to work in a RoadSafe company truck. RoadSafe disputed the claims, arguing that the claimants’ injuries did not arise out of and in the course of their employment as they were commuting to work.
In Gallegos, the claimant sustained an admitted work injury to his neck on September 5, 2019. From September 2019 to April 2022, Claimant alleged considerable pain in his neck, back, and left shoulder. Claimant also reported to his medical providers that he had lower back surgery in 2012, but no other medical history. When his authorized treating providers released him to restricted duty around late October 2019, the claimant worked for two days before asserting he could no longer work due to the pain, and he never returned to work. Upon further investigation, the employer found that the claimant had asserted prior worker’s compensation claims and applied for Social Security Disability Insurance benefits on multiple occasions based on alleged neck, back, and shoulder injuries.
In J-King Excavating, the defendant employer appealed a decision finding that the applicant was an employee. Mr. Ellis was the sole owner of J-King Excavating. Mr. Ellis testified that he did not have employees, only independent contractors, and that he had an open-ended relationship with the applicant, but the job that she was hurt by was her last job with him.
