My Newest Workers’ Compensation Article on the Scope of the Grand Bargain — Workers’ Compensation Law Prof Blog

I have just reached agreement with the Tulsa Law Review to publish a workers’ compensation article in its spring 2019 issue. Here is the abstract: During the second and third decades of the twentieth century, the U. S. Supreme Court…

via My Newest Workers’ Compensation Article on the Scope of the Grand Bargain — Workers’ Compensation Law Prof Blog

A Creative Commons Workers’ Compensation Law Treatise for Students, Newer Practitioners, and Others — Workers’ Compensation Law Prof Blog

I’m excited to announce that the Center for Computer Assisted Legal Instruction’s (CALI) eLangdell textbook division has agreed to publish the first Wyoming Workers’ Compensation treatise. This creative commons/open source concept will allow anyone to access the treatise online at…

via A Creative Commons Workers’ Compensation Law Treatise for Students, Newer Practitioners, and Others — Workers’ Compensation Law Prof Blog

Thinking Clearly about the Quid Pro Quo — Workers’ Compensation Law Prof Blog

I wanted to make some comments about the recent Kansas quid pro quo case, Johnson v. U.S. Food Serv. I won’t repeat the facts here—it is enough to know that a permanent impairment benefit was significantly reduced under the 6th…

via Thinking Clearly about the Quid Pro Quo — Workers’ Compensation Law Prof Blog

The Debate in N.Y. Over Law Students Appearing in Workers’ Compensation Cases — Workers’ Compensation Law Prof Blog

The New York Workers’ Compensation Board has proposed a rule that would permit “law school graduates and senior law students” to represent any party in interest before the workers’ compensation board “only in those type of matters that have been…

via The Debate in N.Y. Over Law Students Appearing in Workers’ Compensation Cases — Workers’ Compensation Law Prof Blog

Don’t Get Hit by or in an Amazon Van — Workers’ Compensation Law Prof Blog

All the issues we have seen emerging from employee classification—or misclassification—were likely to come to a head in the context of a large multistate employer. And Amazon is the perfect catalyst. When Amazon “entrepreneurs” hit someone in an Amazon van—that…

via Don’t Get Hit by or in an Amazon Van — Workers’ Compensation Law Prof Blog

The Hidden Gem in New York Cent. R. Co. v. White (1917) — Workers’ Compensation Law Prof Blog

I would be the first to admit that I can be a hard-head. For years, some very sophisticated people have been trying to convince me that a citizen’s right to be free from invasions of property is hierarchically more important…

via The Hidden Gem in New York Cent. R. Co. v. White (1917) — Workers’ Compensation Law Prof Blog

Wyoming’s Unusual Workers’ Compensation Undocumented Worker Rule — Workers’ Compensation Law Prof Blog

Back in May of 2012, the Federal District Court of Wyoming entered a $900,000 tort judgment against an employer, Reiman Corp., for an injury arising out of and in the course of employment by its undocumented worker, Omar Romero. (The…

via Wyoming’s Unusual Workers’ Compensation Undocumented Worker Rule — Workers’ Compensation Law Prof Blog

Wyoming’s Strange Workers’ Compensation Non-Relationship With Walmart — Workers’ Compensation Law Prof Blog

More from my excursion writing a Wyoming workers’ compensation treatise. (Oh, the places you’ll go!). Wyoming’s largest private sector employer, Walmart, is not covered by the state’s workers’ compensation act. Why? Because it is not engaged in an “extrahazardous” employment….

via Wyoming’s Strange Workers’ Compensation Non-Relationship With Walmart — Workers’ Compensation Law Prof Blog

No Reimbursement for Medical Marijuana in Maine Workers’ Compensation and a Subtle Connection to Undocumented Workers — Workers’ Compensation Law Prof Blog

As a Maine workers’ compensation lawyer, I was interested to read the Maine Supreme Judicial Court’s just-issued opinion in Gaetan Bourgoin v. Twin Rivers Paper Co. In the opinion, the Court holds that Twin Rivers is not required to reimburse…

via No Reimbursement for Medical Marijuana in Maine Workers’ Compensation and a Subtle Connection to Undocumented Workers — Workers’ Compensation Law Prof Blog

Why “Quid Pro Quo” Unconstitutionality Arguments Work Better in Some States than Others

“Quid pro quo” arguments resonate more forcefully in Kansas and Florida than in many other states, and there is a state constitutional doctrinal reason why this is so. By quid pro quo, I mean the idea that legislatures abolished workers’…

via Why “Quid Pro Quo” Unconstitutionality Arguments Work Better in Some States than Others — Workers’ Compensation Law Prof Blog