Del Court: Sorry Volunteers Not Covered

• The Delaware Superior Court rules that workers performing volunteers activities sponsored by a place of employment are not covered by workers’ compensation.
• An employee was volunteering to deliver meals via Meals on Wheels in conjunction with a volunteer program set up by her company, when she fell down some stairs.
• While the employee was paid PTO, she was not paid workers’ comp. The company argued that despite the volunteer work being performed during work hours, it did not arise out of or in the course of employment.
• The court agrees, saying evidence backs up the employer’s contention that the worker was not required to volunteer. And while the company benefitted from her participation, it did not reach the level of “substantial work benefit.”
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PA Legislators Nearing a Vote on PTSI

• The Pennsylvania Legislature is nearing a full vote this week on a bill allowing first responders to receive workers’ compensation benefits for post traumatic stress injuries.
• The bill addresses the many after affects first responders face when responding to particularly devastating calls.
• For the law to apply, a first responder’s PTSI must be proven to be a work-related mental condition. The diagnosis would have to be received from a psychiatrist or other mental health professional.
• Providing this protection will also help staffing shortages because first responders will get the help and support, they need by law, supporters say.
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Construction Industry Keeps Eyes on NY

• The construction industry is keeping an inventory of all workers’ comp bills in New York, so companies know what to expect.
• According to experts, construction companies have faced increasing costs in workers’ compensation, as laws tend to jack up the costs of claims.
• One such change would disallow workers’ comp defense attorneys from using a decision in a case to bolster arguments in the general liability space.
• Another law that benefits construction contractors, allows a court to terminate an injured worker’s benefits if he makes a material misrepresentation regarding the claim.
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Gig Workers May Hit the Ballot

• The Massachusetts Supreme Court seems inclined to let the fate of Uber, Lyft, and other gig companies duke it out in a ballot initiative.
• The companies are promoting initiatives that would allow Uber and Lyft to define their workers as independent contractors, thus exempting them from rights enjoyed employees.
• These rights include work health care, employment insurance, and workers’ compensation coverage.
• An initiative promoted by the drivers would allow them to form a union, although that may be problematic under current law.
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