After Air Ambulance Preemption III: Connections to ERISA Preemption

This, the third installment of my air ambulance series—see the other entries here, and here, is a preemption discussion. I’m sorry to inflict it upon you. Feel free to email me privately at the University of Wyoming for clarification. I’ll…

via After Air Ambulance Preemption III: Connections to ERISA Preemption — Workers’ Compensation Law Prof Blog

Recent State Constitutional Challenges Involving Medical Malpractice Law

As I have pointed out at some length, Download Worse than Pirates final, there is a close relationship between state constitutional challenges to medical malpractice limitations on tort recoveries and challenges to workers’ compensation inadequacy similarly grounded in state constitutions….

via Recent State Constitutional Challenges Involving Medical Malpractice Law — Workers’ Compensation Law Prof Blog

Murphy Oil and an Even Slipperier Slope of Forced Arbitration: Game Over?

The Supreme Court’s ruling today in Murphy Oil/Epic Systems/Ernst & Young may be read narrowly as an opinion holding that the National Labor Relations Act does not trump the Federal Arbitration Act (FAA): Congress’s desire to facilitate arbitration, it appears,…

via Murphy Oil and an Even Slipperier Slope of Forced Arbitration: Game Over? — Workers’ Compensation Law Prof Blog

After Air Ambulance Preemption II: No, General Health Insurance Won’t Pick Up the Tab (and a Couple of Additional Points)

As I mentioned in my last post (immediately preceding this post), Wyoming is arguing, in EagleMed, that if the state’s workers’ compensation division fails to pick up some, or all, of the expense of air ambulance transportation, injured workers could…

via After Air Ambulance Preemption II: No, General Health Insurance Won’t Pick Up the Tab (and a Couple of Additional Points) — Workers’ Compensation Law Prof Blog

After Air Ambulance Preemption: An Injured Worker Left with No Remedy Offends the Quid Pro Quo

I have written a little about air ambulance preemption elsewhere and I won’t pause at length to note some of the inconsistencies I see between Airline Deregulation Act preemption and evolving ERISA preemption analysis. As a thought experiment, though, I…

via After Air Ambulance Preemption: An Injured Worker Left with No Remedy Offends the Quid Pro Quo — Workers’ Compensation Law Prof Blog

Will Arbitrators Decide the Scope of the Gig Economy?

My colleague and co-editor of this blog, Judge David B. Torrey, pointed out to me recently that several of the gig “worker” contracts contain mandatory binding arbitration provisions. Preliminary to the question of whether a worker is an employee, is…

via Will Arbitrators Decide the Scope of the Gig Economy? — Workers’ Compensation Law Prof Blog

More Independent Contractor Confusion: A New Massachusetts Workers’ Compensation Decision

The independent contractor question in employment law is developing into a unique form of incoherence. When the California Supreme Court issued its recent opinion in Dynamex, I pointed out that the independent contractor test that court employed—a modified form of…

via More Independent Contractor Confusion: A New Massachusetts Workers’ Compensation Decision — Workers’ Compensation Law Prof Blog

Dynamex Checks a Gig Line: California Supremes Respond to Intensifying Employee Misclassification

There are two things that workers’ compensation professionals should know right off the bat about the California Supreme Court’s magisterial opinion in Dynamex Operations West v. Lee. First, although the case addresses the never-dying question of whether an independent contractor…

via Dynamex Checks a Gig Line: California Supremes Respond to Intensifying Employee Misclassification — Workers’ Compensation Law Prof Blog

Workers’ Compensation in Kansas: A Pedagogically-Useful “Quid Pro Quo” Case

I realize that cases do not emerge from life to serve as teaching exemplars for the students in my workers’ compensation or torts classes. Nevertheless, such a case, Endres v. Creekstone Farms et al., — P.3d —- 2018 WL 1883918,…

via Workers’ Compensation in Kansas: A Pedagogically-Useful “Quid Pro Quo” Case — Workers’ Compensation Law Prof Blog

The Colorado Gig Bill – An Idea in Retreat?

I have been reading some very good pieces of late on Gig deregulatory laws authored by Judge David Langham, here, Brandeis Dean David Weil, here, and, and author and policy analyst Peter Rousmaniere, here. I think a sustained critique of…

via The Colorado Gig Bill – An Idea in Partial Retreat? — Workers’ Compensation Law Prof Blog