Workers’ Compensation and Intentional Conduct: The Scope of the Quid Pro Quo in Oklahoma — Workers’ Compensation Law Prof Blog

Thomas Robinson has a good post up on a recent Oklahoma Supreme Court opinion, Wells v. Oklahoma Roofing & Sheet Metal. The wrongful death opinion, very simply stated, holds that the Oklahoma workers’ compensation statute does not encompass intentional conduct….

via Workers’ Compensation and Intentional Conduct: The Scope of the Quid Pro Quo in Oklahoma — Workers’ Compensation Law Prof Blog

Has Workers’ Compensation Ever Been Adequate? — Workers’ Compensation Law Prof Blog

In follow-up of Judge David Torrey’s kind review of my historical article on workers’ compensation adequacy (see two posts below on this one on this blog), I note that workers’ compensation benefits were originally set at about 50% of the…

via Has Workers’ Compensation Ever Been Adequate? — Workers’ Compensation Law Prof Blog

Gardyloo!: Immigration Status Disclosure on Workers’ Compensation Applications (Can They Do That?) — Workers’ Compensation Law Prof Blog

I’m back and mostly recovered from a family vacation in Edinburgh, Scotland, UK. While walking through the cemetery where Adam Smith was interred, my family was surprised to see homeless persons encamped there. A lively discussion with my teens ensued….

via Gardyloo!: Immigration Status Disclosure on Workers’ Compensation Applications (Can They Do That?) — Workers’ Compensation Law Prof Blog

Reflections on a Maine Workplace Manslaughter Case — Workers’ Compensation Law Prof Blog

Last summer, well-known podcaster Joe Rogan debated fellow podcaster, and sometimes-libertarian, Dave Rubin about the necessity of having and enforcing building code regulations. (see the 6 minute YouTube video here – salty language alert). Rogan, who is not generally unsympathetic…

via Reflections on a Maine Workplace Manslaughter Case — Workers’ Compensation Law Prof Blog

Wyoming’s Next Air Ambulance Gambit Falls Outside of the Confines of Workers’ Compensation — Workers’ Compensation Law Prof Blog

Last legislative session the Wyoming legislature decided to fight the air ambulance dispute out on a broader front. It sensibly abandoned the attempt to limit workers’ compensation reimbursement of air ambulance services and began wrestling with air ambulance expense on…

via Wyoming’s Next Air Ambulance Gambit Falls Outside of the Confines of Workers’ Compensation — Workers’ Compensation Law Prof Blog

More Federal “Guidance” on Gig Economy Workers – Stale and Not Illuminating — Workers’ Compensation Law Prof Blog

As a professor of traditional labor relations law in addition to workers’ compensation law (and as co-author of a labor law textbook), I took notice when people started messaging me that the law of employee status in labor law had…

via More Federal “Guidance” on Gig Economy Workers – Stale and Not Illuminating — Workers’ Compensation Law Prof Blog

Why Federal Equal Protection Challenges to Workers’ Compensation Statutes Don’t Work — Workers’ Compensation Law Prof Blog

I do not believe that interference with workers’ compensation rights are subject to vindication under the equal protection clause of the United States Constitution (even when the interference is vicious or unfair) because the obstruction does not disadvantage a suspect…

via Why Federal Equal Protection Challenges to Workers’ Compensation Statutes Don’t Work — Workers’ Compensation Law Prof Blog

DOL’s FLSA “Gig” Economy Letter Ignores History and is Dwarfed by 9th Circuit’s Jan-Pro Case — Workers’ Compensation Law Prof Blog

I have been asked a couple of times this week to comment on the apparent narrowing of the FLSA employee standard in a recent Wage and Hour Opinion letter. In a nutshell, the letter tells me nothing I did not…

via DOL’s FLSA “Gig” Economy Letter Ignores History and is Dwarfed by 9th Circuit’s Jan-Pro Case — Workers’ Compensation Law Prof Blog

The Origins and Effects of My Workers’ Compensation “Viscerality” — Workers’ Compensation Law Prof Blog

I am about to use a largely academic word—viscerality—to explain my atypically (for a law professor) non-academic relationship to workers’ compensation law. Please be patient with me. Viscerality is “a quality of being related to the physical as opposed to…

via The Origins and Effects of My Workers’ Compensation “Viscerality” — Workers’ Compensation Law Prof Blog

Managing Cynicism: Teaching Law Students about Dueling Doctors in Workers’ Compensation — Workers’ Compensation Law Prof Blog

It does not take a law student embarked on my workers’ compensation course long to realize that, in many of the litigated cases we read, the opinions of the doctors involved are diametrically opposed. And opposed despite the underlying complexity…

via Managing Cynicism: Teaching Law Students about Dueling Doctors in Workers’ Compensation — Workers’ Compensation Law Prof Blog