Trump’s OSHA Too Tough for Smithfield? & Why the Defense Production Act Probably Does not Immunize Anyone From Tort Claims — Workers’ Compensation Law Prof Blog

Trump’s OSHA has committed the unpardonable sin of subpoenaing Download DOH subpoena from the South Dakota Department of Health certain information that Smithfield Foods provided it during the early days of the Covid outbreak: employee reports of illness; COVID-19 test…

Trump’s OSHA Too Tough for Smithfield? & Why the Defense Production Act Probably Does not Immunize Anyone From Tort Claims — Workers’ Compensation Law Prof Blog

Will COVID-19 “Shock” Workplace Injury Law Like the Railroads of the Early-20th Century? — Workers’ Compensation Law Prof Blog

Workers’ compensation was a means to an end and not an end in itself. It addressed the outrageous frequency of workplace injury and death caused by railroads in the late-19th/early 20th century. The unholy trinity of affirmative tort defenses—assumption of…

Will COVID-19 “Shock” Workplace Injury Law Like the Railroads of the Early-20th Century? — Workers’ Compensation Law Prof Blog

Texas Supreme Court Rules Air Ambulance Rates Regulable by Texas Workers’ Compensation Law — Workers’ Compensation Law Prof Blog

Contrary to all prior Federal circuit courts that have decided the question, the Texas Supreme Court, in Texas Mut. Ins. Co. v. PHI Air Medical, LLC, 2020 WL 3477002, has decided that the Airline Deregulation Act (ADA) does not preempt…

Texas Supreme Court Rules Air Ambulance Rates Regulable by Texas Workers’ Compensation Law — Workers’ Compensation Law Prof Blog

Chicago Illinois McDonald’s Workers Win Partial Preliminary Injunction on Public Nuisance Theory — Workers’ Compensation Law Prof Blog

Two things have emerged with respect to the new public nuisance filings. First, plaintiffs seem to be doing better in state than federal courts, which is an outcome I anticipated. Second, trial level judges do not seem to be analyzing…

Chicago Illinois McDonald’s Workers Win Partial Preliminary Injunction on Public Nuisance Theory — Workers’ Compensation Law Prof Blog

Another McDonald’s Covid-19 Case: Oakland, California Workers Win Preliminary Injunction on Public Nuisance Theory — Workers’ Compensation Law Prof Blog

All the stars aligned for a worker-filed a public nuisance suit–at least chapter one of the suit–the most important of which were probably that the case was brought in a California state court and involved California code law rather than…

Another McDonald’s Covid-19 Case: Oakland, California Workers Win Preliminary Injunction on Public Nuisance Theory — Workers’ Compensation Law Prof Blog

New Center for Progressive Reform Report on Protecting Workers in a Pandemic — Workers’ Compensation Law Prof Blog

I am co-author –with Tom McGarity of University of Texas School of Law and Sid Shapiro of Wake Forest Law — of a new report titled, “Protecting Workers in a Pandemic: What the Federal Government Should Be Doing.” The report…

New Center for Progressive Reform Report on Protecting Workers in a Pandemic — Workers’ Compensation Law Prof Blog

Meatpacking Plant Chaos—No Wonder They Want Immunity — Workers’ Compensation Law Prof Blog

As I read through Michael Grabell, Claire Perlman and Bernice Yeung’s ProPublica article on COVID-19 chaos in the meatpacking plants I kept thinking three things: A broad liability shield is a really bad idea. Yes, I do think I could…

Meatpacking Plant Chaos—No Wonder They Want Immunity — Workers’ Compensation Law Prof Blog

Pandemic Heroes Compensation Act of 2020: My Preliminary Observations on the Proposed Bill — Workers’ Compensation Law Prof Blog

While I suspect that workers’ compensation claims, even without the aid of workers’ compensation causation presumptions, may fare better than some actuaries suspected (preliminary scuttlebutt of about a 40% success rate is higher than I expected), there is no reasonable…

Pandemic Heroes Compensation Act of 2020: My Preliminary Observations on the Proposed Bill — Workers’ Compensation Law Prof Blog

What Exactly is a Liability Shield? — Workers’ Compensation Law Prof Blog

In today’s the Hill a story ran containing in part the following language: More than a thousand COVID-19 lawsuits have been filed in the past six weeks, prompting business groups to refocus almost all their lobbying efforts on securing liability…

What Exactly is a Liability Shield? — Workers’ Compensation Law Prof Blog

Workers’ Compensation and Public Nuisance: Two Caveats — Workers’ Compensation Law Prof Blog

In previous posts I have been arguing that employees could probably not succeed in a public nuisance suits because of the exclusive remedy rule. But that leads to an additional problem: suppose COVID-19 is categorically not covered by workers’ compensation…

Workers’ Compensation and Public Nuisance: Two Caveats — Workers’ Compensation Law Prof Blog