Skeptical Ruminations on Walmart “Mass Workers’ Compensation Settlements” — Workers’ Compensation Law Prof Blog

I am not implacably opposed to all that is new. Indeed, I think we need a new, New Deal, and I am not so confident to claim that I know exactly what that should look like. But I’m also a…

via Skeptical Ruminations on Walmart “Mass Workers’ Compensation Settlements” — Workers’ Compensation Law Prof Blog

ERISA Preemption Progeny Strike Again: Lower Federal Court Strikes AB-5 As Applied to Truck Drivers — Workers’ Compensation Law Prof Blog

The California Trucking Association has temporarily carved out an exception to applying the ABC test to truck drivers in California, who will continue to be stripped of important rights regardless the economic realities of their “contractor” arrangement. The route to…

via ERISA Preemption Progeny Strike Again: Lower Federal Court Strikes AB-5 As Applied to Truck Drivers — Workers’ Compensation Law Prof Blog

All the World’s a Platform?: Some Remarks on “Marketplace Platform” Employment Laws — an Anti ABC/Dynamex/AB 5 Ethic — Workers’ Compensation Law Prof Blog

I’ve written a short paper in advance of the 2020 Workers’ Compensation Midwinter Conference panel in which I’ll be participating on March 28 in New Orleans. The panel is titled, “WORKERS’ COMPENSATION AND THE “GIG” ECONOMY: CHALLENGES FLOWING FROM TEMPORARY…

via All the World’s a Platform?: Some Remarks on “Marketplace Platform” Employment Laws — an Anti ABC/Dynamex/AB 5 Ethic — Workers’ Compensation Law Prof Blog

Mandatory Arbitration of Workers’ Compensation Retaliation Claims: An Evolving Trend? — Workers’ Compensation Law Prof Blog

I have always thought that the Federal Arbitration Act would make its first systemic appearance in workers’ compensation cases in highly proceduralized (and non-medical) contexts. Cases turning exclusively on notice or statute of limitations issues seem likely candidates. And from…

via Mandatory Arbitration of Workers’ Compensation Retaliation Claims: An Evolving Trend? — Workers’ Compensation Law Prof Blog

Ipse Dixit: The Deep Legal Stirrings in the “Gig” Employers’ Challenge of California Employment Law AB 5 — Workers’ Compensation Law Prof Blog

From the beginning, the Achilles heel of the “gig economy” is that its justifications have proceeded as ipse dixit (defined as assertions made but not proved, and as an aside a great name for a Southern rock band). Something about…

via Ipse Dixit: The Deep Legal Stirrings in the “Gig” Employers’ Challenge of California Employment Law AB 5 — Workers’ Compensation Law Prof Blog

Workers’ Compensation Benefits and Overall Wage Growth: Putting Some NCCI Data in Context — Workers’ Compensation Law Prof Blog

Recently, I wrote on this blog about the most recent National Academy of Social Insurance data showing continued declines in employer costs and employee benefits per $100 of employer payroll. As I have written, there are various explanations for this…

via Workers’ Compensation Benefits and Overall Wage Growth: Putting Some NCCI Data in Context — Workers’ Compensation Law Prof Blog

Some Observations on PTSD Coverage Expansion and Firefighter Presumptions — Workers’ Compensation Law Prof Blog

I had the privilege and honor of presenting on this subject on December 12 on a panel at the National Council of Insurance Legislators’ Annual Meeting. My co-panelists were Robert Stokes of the law firm Flahive, Ogden & Latson; and…

via Some Observations on PTSD Coverage Expansion and Firefighter Presumptions — Workers’ Compensation Law Prof Blog

Is a Picture Worth 1000 Words? — Workers’ Compensation Law Prof Blog

This year, I had the honor and privilege of serving on the National Academy of Social Insurance Workers’ Compensation Data Panel. Twenty-three panel members from various backgrounds and policy perspectives (including my blog mate Judge David Torrey) scrutinized data collection…

via Is a Picture Worth 1000 Words? — Workers’ Compensation Law Prof Blog

Dispatch from the Front Lines: More Injuries in Amazon’s “Safe America” — Workers’ Compensation Law Prof Blog

One reason it is hard to bamboozle me on the true state of working America is that before I became a lawyer, and then a law professor, I did 15 years of hard labor in working America. I’ve worked as…

via Dispatch from the Front Lines: More Injuries in Amazon’s “Safe America” — Workers’ Compensation Law Prof Blog

Shameless Self-Promotion: My Wyoming Workers’ Compensation Treatise Has Been Published — Workers’ Compensation Law Prof Blog

I’m very pleased to announce the publication of my Wyoming Workers’ Compensation treatise. I’m especially tickled that I was able to do it “open source”: A Treatise of Wyoming Workers’ Compensation Law seeks both to introduce Wyoming workers’ compensation students…

via Shameless Self-Promotion: My Wyoming Workers’ Compensation Treatise Has Been Published — Workers’ Compensation Law Prof Blog