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Tag Archives: independent contractor

Tort/Negligence – Civil Practice – Subject Matter Jurisdiction – FTCA – Medical Malpractice – VA Hospital – Independent Contractor (access required)

Miller v. United States Even though the VA’s Patient and Nursing Home Resident Rights and Responsibilities document promises to provide patients with understandable information about the complaint process, it does not require VA personnel to explain the employment status of its physicians, nor does it require VA attorneys to counsel patients with malpractice claims on how they can best pursue their legal claims.

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Workers’ Compensation – Employment Relationship – Strip Club – Exotic Dancer – Independent Contractor (access required)

Lewis v. L.B. Dynasty, Inc. Where claimant was an itinerant artistic performer who decided which strip club she wanted to perform at each night, agreed to that club’s rules, and paid the club a portion of her tips for the privilege of performing, claimant was not an employee of the respondent-strip club when she was hit by a stray bullet during an altercation at the club.

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Workers’ Compensation – Independent Contractor – Nurse Anesthetist – Staffing Agency (access required)

Shatto v. McLeod Regional Medical Center Most of the defendant-hospital’s control over the plaintiff-certified registered nurse anesthetist (CRNA) and the hospital’s furnishing of equipment to the CRNA was required by law. The hospital merely reimbursed a staffing agency for costs associated with the CRNA’s assignment to the hospital; especially noteworthy is the fact that, while hospital employees received benefits, the CRNA received none from the hospital. Finally, the hospital’s right to terminate the CRNA’s services was governed by its contract with the staffing agency. The CRNA was not the hospital’s employee.

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Workers’ Compensation – Insurance Coverage – Independent Contractor — Agency – Payroll Services – Estoppel – Disability (access required)

Langdale v. Harris Carpets Even though the contract between the defendant-carpet company and the defendant-human resources services company said neither would act as the other’s agent, defendants actually acted as each other’s agents, including when 10 percent was deducted from the earnings of the plaintiff-independent contractor for the purpose of paying workers’ compensation insurance premiums for him. We affirm the rulings of the Appellate Panel of the Workers’ Compensation Commission that the human resources services company, Gevity/Staff Leasing, is obligated to provide workers’ compensation coverage for plaintiff, and that plaintiff is temporarily totally disabled.

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Tort/Negligence – Medical Malpractice – TCA – Government Hospital – Independent Contractor (access required)

Smith v. Regional Medical Center of Orangeburg & Calhoun Counties Even though a private hospital cannot delegate its duty to render competent emergency room services to its patients and therefore may be vicariously liable for the negligence of an independent contractor, the same is not true for a government hospital. Pursuant to the Tort Claims Act, the defendant-hospital, as a governmental entity, is not vicariously liable for the negligence of an independent contractor – in this case, an anesthesiologist in the emergency room. We affirm summary judgment for the hospital.

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