Cases

Personnel leasing company (PEO) issued employer (client company) a certificate of workers’ compensation insurance which indicated that workers’ compensation "coverage applies only to those employees leased (by employer from leasing company), not to subcontractors." Employee of subcontractor of employer injured and it was asserted by employer that personnel leasing company was estopped in denying employee of subcontractor had workers’ compensation coverage under the personnel leasing company’s policy. The wording in the certificate of insurance clearly conveyed that only employees leased from the personnel leasing company were covered. There was no promise that the injured worker was insured and accordingly there was no coverage based on promissory estoppel. Third parties may assert a promissory estoppel argument but in this case, there was no promise which should reasonably expect action on the part of another.

 

Money paid to claimant not reported to the IRS for tax purposes does not constitute "wages" under the Workers’ Compensation Act in regards to calculating average weekly wage. Concurring opinion.