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(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Saturday, August 15, 2026

Credibility Beats Credentials

A Costco worker quit, wrote “personal reasons” on the form, and still collected temporary disability benefits. The Appellate Division affirmed on August 12, 2026.



The New Jersey Appellate Division has affirmed an award of open temporary total disability benefits and court-ordered medical treatment to a part-time Costco employee who resigned his job almost a year after his authorized surgeon discharged him at maximum medical improvement. The decision, Munoz v. Costco, Docket No. A-3829-24, decided August 12, 2026, is unpublished and is not precedential under Rule 1:36-3. Its practical reach, however, is considerable, because it turns entirely on two things that decide most contested New Jersey compensation cases: which doctor the judge believes, and whether the employer papered the file.

The Facts

Ricardo Munoz injured his right knee in January 2022 while helping a customer lift a generator into a pickup truck. He reported the injury immediately. He was diagnosed with a right knee medial meniscal tear and extensive chondromalacia of the patellofemoral trochlear groove. Dr. Daniel Richmond, the authorized surgeon, performed an arthroscopic medial meniscectomy on May 19, 2022, cleared Munoz for light duty on June 2, and returned him to full duty effective July 12, 2022.

Full duty did not hold. On July 15, Munoz reported that his knee swelled after a couple of hours of work. On August 2, he reported persistent swelling and worsening symptoms after five hours. Both times Dr. Richmond recommended that he continue working full duty, and he was discharged from care.

On September 29, 2022, Munoz resigned. The company resignation form recorded his reason for leaving as “personal reasons.” Costco's human resources representative testified that Munoz never mentioned the knee and instead said a family member was ill and he could not commit to being at work.

Munoz told a different story under oath. He testified that the knee would “blow up” during his shift, that afterward he could not climb the steps to his home or go food shopping, that he asked about a less physical position, and that he called the compensation adjuster repeatedly seeking further treatment and never received a return call. He did not look for other work after leaving. He testified he had intended to stay at Costco for years.

Three Doctors, Three Stories

Dr. Richmond, the authorized treating surgeon, opined that the grade IV chondromalacia was pre-existing and unrelated, that the injury arose from “normal lifting activities,” and that there was no aggravation or acceleration of the underlying patellofemoral degenerative joint disease. On cross-examination, he conceded that Munoz had no prior right knee complaints or treatment, that the chondromalacia was diagnosed only after surgery, and that the degenerative disease became symptomatic only after the return to full duty.

Dr. Gerardo Goldberger, examining for the petitioner, testified that the arthroscopy itself aggravated the degenerative joint disease by changing the mechanics of the knee, and that Munoz was limited to modified sedentary work. He recommended therapy, injections, and eventually total knee replacement.

Dr. Frederick Song, the neutral examiner selected by the court, testified that while he could not say definitively that the medial compartment surgery worsened the pre-existing patellofemoral arthritis, the injury likely exacerbated the pain and activated symptoms in that compartment. He offered the formulation that carried the case: any surgery by definition exacerbates arthritis, because the muscles are weakened by the surgery.

Credibility Was the Whole Case

The judge of compensation found all three experts credible in the general sense, then found Dr. Richmond's causation opinion the least persuasive. That distinction is the heart of the decision, and it is worth understanding precisely why the treating surgeon lost.

The judge identified four specific defects, none of them about credentials:

      Internal inconsistency. Dr. Richmond insisted there were no work restrictions related to the meniscal tear even though Munoz had performed the job without difficulty before the accident.

      Concession on cross. He ultimately agreed with the treatment recommendations regardless of cause, which undercut the sharp causation line he had drawn in his written addendum.

      An unaddressed question. He never addressed continued acceleration of the arthritic and degenerative process attributable to the surgery itself.

      A mischaracterized mechanism. He described the event as a “normal lifting incident” when the testimony described a twisting injury, with the petitioner's foot planted as he lifted a heavy object into a truck.

The judge also declined to be distracted by transcription errors in Dr. Goldberger's report, accepting the explanation that the physician's accent had produced typing errors in dictation. That is the ordinary work of a fact finder, and it is exactly the work an appellate court will not redo.

The Appellate Division reached for the settled rule in Bellino v. Verizon Wireless, 435 N.J. Super. 85, 95 (App. Div. 2014): a judge of compensation is not bound by the conclusional opinions of any one or more, or all, of the medical experts, is considered to have expertise in weighing competing medical testimony, and commits no reversible error by giving more weight to one physician than another.

Layered on top is the deferential standard of review for agency action. An agency determination is sustained unless it is arbitrary, capricious, or unreasonable, or lacks fair support in the record. See Melnyk, 241 N.J. 31, 40 (2020); Saccone, 219 N.J. 369, 380 (2014); Russo, 206 N.J. 14, 27 (2011). The burden of showing otherwise rests on the party challenging the action, Lavezzi v. State, 219 N.J. 163, 171 (2014). Combine Bellino with that standard and a credibility finding in the Division becomes close to unreviewable.

The Temporary Disability Ruling

The harder question was money. Costco argued that Munoz voluntarily resigned, was not under active treatment when he did so, and therefore removed himself from the workforce. The compensation judge rejected that framing on three grounds.

First, the resignation was not voluntary in any meaningful sense. The judge found Munoz extremely credible and found that his “personal reasons” were that he could not tolerate the pain. He had asked about lighter work and was told, in substance, that he was in sales, and that ended the discussion. Under Harbatuk v. S & S Furniture Systems Insulation, 211 N.J. Super. 614, 624 to 625 (App. Div. 1986), an employer must offer light duty work in order to terminate temporary disability benefits. Costco did not.

Second, the gap in treatment was the respondent's doing. Once Dr. Richmond discharged him, there was no reason for Munoz to keep asking, and the employer would not provide care that would let him function. See N.J.S.A. 34:15-15; Benson v. Coca Cola Co., 115 N.J. Super. 585 (Law Div. 1971), remanded, 120 N.J. Super. 60 (App. Div. 1972). The unreturned adjuster calls mattered.

Third, all three experts, including the authorized treating surgeon, agreed the petitioner could not work full duty. Applying Cunningham v. Atlantic States Cast Iron Pipe Co., 386 N.J. Super. 423, 432 (App. Div. 2006), the judge awarded temporary disability retroactive to the September 29, 2022 resignation date and continuing until Munoz is returned to full duty status by Dr. Song, who was designated the court-ordered treating physician, or as otherwise provided by statute.

Read the exposure. The award runs from September 2022, through a knee arthroplasty that has not yet been performed, and through post-operative recovery. That is nearly four years of accrued temporary disability at the date of this decision, on a part-time claim that the carrier believed had closed in August 2022.

How This Changes Claims Handling

Nothing in Munoz is new law. That is the point. The decision is a compact demonstration of how existing New Jersey doctrine converts routine claims-handling shortcuts into open-ended liability.

Resignation paperwork is not a defense

A checkbox reading “personal reasons,” completed by a manager rather than the employee, proved worth nothing against sworn testimony the judge believed. Employers who want an exit document to carry evidentiary weight need the employee's own words, in the employee's handwriting, with a specific question about whether the departure is related to a work injury and a specific answer.

An undocumented light duty offer does not exist

Harbatuk is nearly forty years old and still decides cases. If the employer cannot produce a written offer of modified work, with a job description and a date, temporary disability does not stop. “He never asked” is not the standard. “We offered” is.

Silence from the adjuster becomes evidence

Unreturned calls did not merely look bad. They supplied the legal predicate for the petitioner to obtain treatment elsewhere and for the judge to find that the respondent, not the petitioner, caused the treatment gap. Every unanswered voicemail in a claim file is a future exhibit.

The authorized treating physician gets no thumb on the scale

Carriers routinely treat the authorized surgeon's causation opinion as the file's controlling document. Munoz is a reminder that in the Division it is one opinion among several, evaluated for internal coherence and fidelity to the record. Here the treating surgeon's opinion was undone not by a competing credential but by his own concessions and by an addendum that got the mechanism of injury wrong.

The surgery itself can be the aggravating event

The petitioner's theory was not that the accident wrecked the cartilage. It was that authorized treatment for an admitted injury altered the mechanics of the knee and lit up an asymptomatic degenerative condition. That theory converts a routine arthroscopy on a compensable meniscal tear into responsibility for a total knee replacement. Practitioners on both sides should expect to see it again.

The court-appointed neutral is the decisive witness

Dr. Song was appointed by the court, examined once, and was described as the clearest and most impressive witness. Where a judge appoints a neutral, the parties should treat that examination as the most consequential event in the case and prepare the record accordingly.

Asymptomatic does not mean absent, and it does not mean safe

Dr. Richmond's most candid observation was that this kind of job may not be well tolerated by someone with extensive patellofemoral degenerative disease. That observation, intended to defeat causation, instead framed the aggravation theory. Pre-existing pathology that has never caused a symptom is precisely the pathology an employer takes as it finds it.

Key Takeaways

1.     Credibility, not credentials, decides contested causation. The judge of compensation may credit a one-time court-appointed examiner over the authorized treating surgeon and will be affirmed for it.

2.     Bellino remains the operative rule. The compensation judge is not bound by any expert's conclusions, and preferring one physician over another is not a ground for reversal.

3.     Appellate review is narrow. The arbitrary, capricious, or unreasonable standard means the fight over causation is won or lost on the Division record, not on appeal.

4.     A resignation form does not end the claim. Where the judge finds the departure was compelled by pain, the resignation is not a voluntary withdrawal from the workforce and temporary disability runs from the resignation date.

5.     Harbatuk requires an actual offer. Temporary disability does not terminate unless the employer offers light duty work. The offer should be written, specific, and dated.

6.     A discharge at maximum medical improvement is not a permanent closure. When the employer stops providing care that would restore function, the petitioner may treat elsewhere and recover the cost.

7.     An authorized surgery can independently aggravate a pre-existing condition. The mechanical consequences of treatment are a distinct and viable causation theory.

8.     Get the mechanism right. An expert report that recharacterizes a twisting injury as ordinary lifting invites the judge to discount the entire opinion.

9.     Answer the phone. Unreturned adjuster calls supplied both a legal predicate and an unflattering narrative.

10.   The decision is unpublished. Under Rule 1:36-3 it binds only these parties and is not precedent, but it is a reliable map of how these arguments are received.

Cases Cited

1.     Munoz v. Costco, No. A-3829-24 (N.J. Super. Ct. App. Div. Aug. 12, 2026) (unpublished)

2.     Bellino v. Verizon Wireless, 435 N.J. Super. 85 (App. Div. 2014)

3.     Harbatuk v. S & S Furniture Sys. Insulation, 211 N.J. Super. 614 (App. Div. 1986)

4.     Cunningham v. Atlantic States Cast Iron Pipe Co., 386 N.J. Super. 423 (App. Div. 2006)

5.     Benson v. Coca Cola Co., 115 N.J. Super. 585 (Law Div. 1971)

6.     Benson v. Coca Cola Co., 120 N.J. Super. 60 (App. Div. 1972)

7.     Melnyk v. Bd. of Educ. of Delsea Reg'l High Sch. Dist., 241 N.J. 31 (2020)

8.     Saccone v. Bd. of Trs., Police & Firemen's Ret. Sys., 219 N.J. 369 (2014)

9.     Russo v. Bd. of Trs., Police & Firemen's Ret. Sys., 206 N.J. 14 (2011)

10.   Lavezzi v. State, 219 N.J. 163 (2014)

11.   Allstars Auto Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150 (2018)

12.   In re Stallworth, 208 N.J. 182 (2011)

13.   In re Herrmann, 192 N.J. 19 (2007)

14.   In re Vey, 124 N.J. 534 (1991)

Sources

1.     Munoz v. Costco, No. A-3829-24, 2026 WL 2330191 (N.J. Super. Ct. App. Div. Aug. 12, 2026) (unpublished), slip opinion

2.     New Jersey Courts, Unpublished Appellate Court Opinions (listing Munoz v. Costco, Aug. 13, 2026)

3.     N.J.S.A. 34:15-15, Medical and hospital service

N.J.A.C. 12:235-3.2, motions for temporary and medical benefits, and Rule 1:36-3, unpublished opinions, are cited in the opinion and are referenced above without separate hyperlinks.

Recommended Citation

Jon L. Gelman, Credibility Beats Credentials, WORKERS' COMPENSATION (workers-compensation.blogspot.com), Aug. 14, 2026, https://workers-compensation.blogspot.com/2026/08/credibility-beats-credentials.html.

About the Author

Jon L. Gelman of Wayne, NJ, is the author of NJ Workers' Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers' Compensation Law (West-Thomson-Reuters).

Blog: Workers' Compensation

LinkedIn: JonGelman

LinkedIn Group: Injured Workers Law & Advocacy Group

Author: “Workers' Compensation Law” West-Thomson-Reuters

Blue Sky: jongelman@bsky.social

Substack: https://jongelman.substack.com/

© 2026 Jon L Gelman. All rights reserved.

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Thursday, August 13, 2026

Coverage Without Employment

How states are severing injury benefits from employee status, and what that means for claims. Updating and superseding "Reshaping Workers' Compensation for the Sharing Economy" (July 29, 2015)


In July 2015, this blog argued that the sharing economy was the single most dramatic force reshaping workers' compensation, and that a generational faith in "trust" would determine where social insurance went next. Eleven years later, the prediction about disruption holds up. The mechanism does not. Trust did not reorganize the safety net. Worker classification did, and then legislatures went around classification altogether.

The platform economy is no longer a forecast. Uber, Lyft, DoorDash, Instacart, and Amazon Flex move passengers and goods in every state, and their workers are hurt every day. What has changed since 2015 is not whether those injuries occur. It is whether anyone is legally obligated to pay for them and, if so, under which body of law.

For claims professionals, the practical development of the last three years is this: a growing number of states now deliver injury-related benefits to platform workers without declaring them employees. Coverage and employment status, joined at the hip since 1911, are coming apart.

1. The Question Behind Every Platform Claim

Every gig-economy compensation file still opens on the same threshold question: employee or independent contractor? The answer controls jurisdiction, medical authorization, temporary and permanent disability, dependency benefits, and the exclusive-remedy bar. Platforms have answered "contractor" from the beginning, which, absent a statute to the contrary, means no compensation obligation at all.

States have not converged on a single test. Three tests dominate:

 The ABC test, adopted for California wage orders in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018), and for New Jersey wage claims in Hargrove v. Sleepy's, LLC, 220 N.J. 289 (2015). It presumes employment and puts the burden on the hiring entity.
 The economic-reality test, used under the FLSA and applied to Uber drivers in Razak v. Uber Technologies, Inc., 951 F.3d 137 (3d Cir. 2020), vacated summary judgment for Uber and returned the fact-bound control questions to the district court.
 Control and common-law agency tests, still the rule in most Southern and Midwestern states.
 


Where the ABC test governs, platforms lose more often than they win. New Jersey's Supreme Court tightened Prong C in East Bay Drywall, LLC v. Department of Labor & Workforce Development, 251 N.J. 477 (2022), holding that a worker who joins the ranks of the unemployed when the engagement ends is not independently established. New York reached the same destination by a different route in Matter of Vega v. Postmates Inc., 35 N.Y.3d 131 (2020), finding a courier an employee for unemployment purposes based on the platform's control over pay, customer contact, and the ability to cut a courier off. Pennsylvania's Supreme Court did the same for a rideshare driver in Lowman v. Unemployment Compensation Board of Review, 235 A.3d 278 (Pa. 2020).

None of those cases is a workers' compensation decision. That is precisely the point. Compensation practitioners are litigating classification on borrowed authority, and the borrowing runs both ways.

2. California Closed the Constitutional Door

The most consequential development for our field came from California, and it went against injured workers. Proposition 22, approved in November 2020, classified app-based drivers as independent contractors, thereby removing them from the state's compensation system. Plaintiffs argued the initiative was void because Article XIV, Section 4 of the California Constitution vests the Legislature with plenary power to create a complete system of workers' compensation, and the voters cannot legislate that power away.

In Castellanos v. State of California, 16 Cal. 5th 588 (2024), the California Supreme Court unanimously rejected that argument. The Legislature's authority over workers' compensation is plenary, the court held, but not exclusive; the electorate may act through the initiative power. Proposition 22 stands.

The claimed consequence is significant and underappreciated. The constitutional argument that a legislature cannot carve out a class of workers from the compensation system, long assumed to be a backstop, failed in the state with the strongest constitutional language on the point. Practitioners should not plan around it.

3. Washington Opened a Third Lane

Washington took the opposite approach and produced the most important structural innovation in this area. Engrossed Substitute House Bill 2076, effective January 1, 2023, codifies transportation network company drivers as independent contractors and simultaneously requires transportation network companies [TNCs] to carry workers' compensation coverage for them through the Department of Labor and Industries.

The mechanics matter:

 Coverage attaches only during dispatch platform time and passenger platform time. A driver injured with the app off is not a covered worker.

 Labor and Industry [L&I] assesses TNC premiums by multiplying covered hours by the rate established for taxicab companies.

 The statute expressly provides that application of the workers' compensation statutes is not evidence of, and is not a factor in determining, an employment relationship for any other right or obligation.

 Food and goods delivery drivers are excluded. Only passenger service is covered.

  Beginning July 1, 2026, TNCs face new data-aggregation and itemized-receipt requirements, which will make covered-time proof materially easier for claimants.

This is a genuine third lane: statutory occupational injury coverage with no employment relationship attached. It gives an injured driver medical and wage-replacement benefits; it gives the platform premium certainty and an exclusive-remedy shield; and it gives the state a funded pool instead of an uninsured-employer problem. Expect it to be copied.

4. Portable Benefits Are Not Workers' Compensation

The competing model is moving faster. Utah enacted the first voluntary portable-benefits framework in 2023. Tennessee's Voluntary Portable Benefit Plan Act was signed April 3, 2025, and Alabama's Portable Benefits Act, Senate Bill 86, followed on April 10, 2025, to be codified at Ala. Code section 25-1-70. Idaho, West Virginia, and Wyoming have since enacted frameworks of their own, and Georgia's House passed House Bill 987 in February 2026. Bills were introduced in 2026 in Connecticut, Florida, Hawaii, Kansas, Kentucky, Louisiana, Mississippi, New Hampshire, and Rhode Island. Federal safe-harbor legislation is pending.

Every one of these statutes shares the same architecture. Contributions are voluntary. The account belongs to the worker and is shared across platforms. Most important for our purposes, the statutes provide that a hiring party's contribution may not be used as evidence of employment status.

That last clause deserves careful reading. Portable benefits accounts may fund health coverage, income-replacement or disability insurance, life insurance, and retirement savings. They do not create a workers' compensation entitlement. An injured platform worker with a funded account may receive some wage replacement while having no right to authorized medical treatment, no permanency award, no dependency benefits, and no forum in which to litigate causation. From the platform's side, there is also no exclusive-remedy bar, meaning a driver injured through the platform's negligence retains a civil action.

The statutory language insulating contributions from the classification analysis also cuts directly against Prong A control arguments in ABC-test jurisdictions. Claimants' counsel in New Jersey should anticipate seeing that language cited by carriers.

5. The Federal Test Keeps Moving, and Matters Less

The federal standard has been rewritten three times in six years. The 2021 rule weighted two core factors, control and opportunity for profit or loss. The January 2024 rule replaced it with a six-factor totality-of-the-circumstances analysis that leaned toward employee status. In May 2025, Field Assistance Bulletin 2025-1 instructed investigators to stop applying the 2024 rule. On February 26, 2026, the Department of Labor published a Notice of Proposed Rulemaking to rescind the 2024 rule outright and restore the two-core-factor economic-reality analysis, with the comment period closing April 28, 2026. Until a final rule issues, the 2024 rule remains technically operative and largely unenforced.

Two cautions for compensation practice. First, none of this controls a state workers' compensation claim. The FLSA test governs wage and hour liability, not coverage under a state act, and states applying the ABC test are unaffected. Second, after Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), which overruled Chevron deference, whichever rule survives will receive less judicial weight than either administration expected. Courts will decide classification questions for themselves. The regulatory seesaw is loud, and it is increasingly beside the point.

6. New Jersey: The ABC Test Under Pressure

New Jersey applies the ABC test and enforces it aggressively. Platform drivers routinely fail Prong B, because carrying passengers is the usual course of a rideshare company's business, and Prong C, because a driver working through a single app is not an independently established trade.

The regulatory picture is unsettled. The Department of Labor and Workforce Development proposed regulations in May 2025 codifying and tightening each prong, and expressly providing that a 1099, a contractor agreement, or a business registration is not by itself sufficient to establish independent contractor status. The Legislature introduced Assembly Concurrent Resolution 177 in December 2025 asserting that the Department exceeded its authority, and Governor Mikie Sherrill imposed a 90-day pause on the proposed rules by executive order on January 22, 2026.

Two fixed points remain regardless of how that fight resolves. First, an employer found to have misclassified faces liability under N.J.S.A. 34:15-79 for failing to secure compensation, along with retroactive premium exposure and stop-work authority. New Jersey's maximum weekly benefit rose to $1,199 effective January 1, 2026, which raises the arithmetic on every reclassified file. Second, following the New Jersey Supreme Court's decision in Lopez v. Marmic LLC(March 19, 2026), immigration status is not a defense to the obligation to pay for work performed. A significant share of the platform workforce is undocumented, and that population's claims are protected once the classification test is satisfied.

7. What This Means for Claims

 Ask which lane the claim is in before analyzing the merits. Employee claim, statutory third-lane coverage as in Washington, portable-benefits account, or nothing. The four produce entirely different benefit structures and different defenses.

• Plead classification in the alternative. A platform contract labeling the worker a contractor is the start of the analysis, not the end. Preserve the misclassification theory alongside any third-party action.

 Build the record on algorithmic control. App-based dispatch, mandated routing, real-time performance scoring, and deactivation authority are Prong A evidence. Preserve the data early, because platforms do not retain it indefinitely.

 Check for a portable-benefits account, then check what it actually pays. Income replacement is not medical benefits, and no portable-benefits statute creates an exclusive-remedy bar.

 Track covered-time definitions in third-lane states. Under Washington's model, app status at the moment of injury is dispositive. The July 2026 receipt and data requirements will help prove it.

 Price retroactive exposure. For carriers and risk managers, a reclassification finding reaches backward. Unpaid premium, uninsured claims, and statutory penalties compound quickly at 2026 benefit levels.

Conclusion

In 2015, the sharing economy was a looming disruption, and the open question was whether workers' compensation could absorb it. In 2026, the question has been answered, though not in the way anyone expected. The system is not absorbing platform work. It is being routed around by a ballot initiative in California, by a statutory carve-out with a coverage mandate in Washington, and by voluntary accounting in a dozen states that have written the classification question out of the analysis entirely.

The 2015 post was right that a generational shift would force the issue. It was wrong that trust would be the currency. The currency is coverage, and for the first time in a century it is being sold separately from the employment relationship. Practitioners who still analyze these files as a binary, employee or not, will miss where the benefits actually are.

Sources

1.  Reshaping Workers' Compensation for the Sharing Economy, Workers' Compensation (July 29, 2015).

2.  Gig Workers Without a Safety Net, Workers' Compensation (Apr. 8, 2026).

3.  Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) (CourtListener).

4.  Hargrove v. Sleepy's, LLC, 220 N.J. 289 (2015) (CourtListener).

5.  Razak v. Uber Technologies, Inc., 951 F.3d 137 (3d Cir. 2020) (CourtListener).

6.  Matter of Vega v. Postmates Inc., 35 N.Y.3d 131 (2020) (CourtListener).

7.  Lowman v. Unemployment Compensation Board of Review, 235 A.3d 278 (Pa. 2020) (CourtListener).

8.  East Bay Drywall, LLC v. Department of Labor & Workforce Development, 251 N.J. 477 (2022) (CourtListener).

9.  Castellanos v. State of California, 16 Cal. 5th 588 (2024) (CourtListener).

10. Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024) (CourtListener).

11. Sergio Lopez v. Marmic LLC, A-27-24 (N.J. Mar. 19, 2026); full opinion (PDF).

12. Wash. Dep't of Labor & Indus., Transportation Network Company Drivers' Rights.

13. Wash. Dep't of Labor & Indus., TNC Workers' Compensation Driver Fact Sheet (PDF).

14. Wash. Legislature, House Bill Report, ESHB 2076 (As Passed Legislature) (PDF).

15. U.S. Dep't of Labor, Wage & Hour Div., Notice of Proposed Rulemaking: Employee or Independent Contractor Status, RIN 1235-AA46 (Feb. 26, 2026).

16. U.S. Small Bus. Admin., Office of Advocacy, DOL Proposes New Independent Contractor Rule (Mar. 3, 2026).

17. Jackson Lewis, DOL's Proposed 2026 Independent Contractor Rule: What Employers Need to Know.

18. Phelps Dunbar, Alabama Enacts Law that Establishes Portable Benefits for Independent Contractors.

19. Georgetown Ctr. for Retirement Initiatives, Portable Benefits and the Future of Retirement Access for Independent Workers (Mar. 2026).

20. Staffing Industry Analysts, Legislators Push for Portable Benefits.

21. Cal. Dep't of Indus. Relations, Labor Commissioner's Wage Theft Lawsuits Against Uber & Lyft.

Recommended Citation

Gelman, Jon L., Coverage Without Employment, WORKERS' COMPENSATION, workers-compensation.blogspot.com (Aug. 11, 2026), https://workers-compensation.blogspot.com/2026/08/coverage-without-employment.html.

 About the Author

Jon L. Gelman of Wayne, NJ, is the author of NJ Workers' Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers' Compensation Law (West-Thomson-Reuters).

Blog: Workers' Compensation

LinkedIn: JonGelman

LinkedIn Group: Injured Workers Law & Advocacy Group

Author: "Workers' Compensation Law" West-Thomson-Reuters

Blue Sky: jongelman@bsky.social

Substack: https://jongelman.substack.com/

© 2026 Jon L Gelman. All rights reserved.

Attorney Advertising

Prior results do not guarantee a similar outcome.

Disclaimer

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