The Fickle Nature of Open Courts Challenges: Developments in Utah and Florida — Workers’ Compensation Law Prof Blog

 

The Utah Supreme Court recently rejected two constitutional challenges to the Utah workers’ compensation statute that were each advanced under that state’s “open access” (often known as an “open courts”) provision. The Florida Supreme Court, on the other hand, recently…

via The Fickle Nature of Open Courts Challenges: Developments in Utah and Florida — Workers’ Compensation Law Prof Blog

On Polemis, Arbitration, Murphy Oil, and Workers’ Compensation — Workers’ Compensation Law Prof Blog

My first-year torts class has arrived at the dreaded “proximate cause” portion of the course. The issue in the cases we are reading is whether a negligent defendant, who is the “cause-in-fact” of harm, should be held liable when a…

via On Polemis, Arbitration, Murphy Oil, and Workers’ Compensation — Workers’ Compensation Law Prof Blog

First-Ever Wyoming Workers’ Compensation Symposia — Workers’ Compensation Law Prof Blog

I’m very pleased to announce that in two weeks’ time–on September 22–I’ll begin facilitating the first-ever workers’ compensation symposia series at the University of Wyoming College of Law. My plan is for this year’s presentations to be the prelude for…

via First-Ever Wyoming Workers’ Compensation Symposia — Workers’ Compensation Law Prof Blog

Workers’ Compensation Opt-Out, Opt-In, Exclusivity, and State Constitutionality — Workers’ Compensation Law Prof Blog

Workers’ compensation commentators have again been discussing the possible (or probable) revival of workers’ compensation opt-out, a development that I predicted in 2016 (more accurately, I have argued there is no reason to believe that national supporters of opt-out would…

via Workers’ Compensation Opt-Out, Opt-In, Exclusivity, and State Constitutionality — Workers’ Compensation Law Prof Blog

Duff on Wyoming Workers’ Compensation Judicial Review under the Substantial Evidence Standard — Workers’ Compensation Law Prof Blog

I am deeply indebted to my Harvard torts professor, David Rosenberg, for instilling in me early-on the notion that no legal rule has been so ineluctably established that it can’t be challenged. It is in that spirit that I have…

via Duff on Wyoming Workers’ Compensation Judicial Review under the Substantial Evidence Standard — Workers’ Compensation Law Prof Blog

Interesting Permanent Impairment Decision in Maine — Workers’ Compensation Law Prof Blog

News outlets have been reporting on the case Bailey v. City of Lewiston, decided by the Maine Supreme Judicial Court on July 20. As background, Maine uses permanent impairment ratings as a mechanism to determine caps on receipt of permanent…

via Interesting Permanent Impairment Decision in Maine — Workers’ Compensation Law Prof Blog

Uber “Injury Protection Program” or Uber Opt-Out? — Workers’ Compensation Law Prof Blog

This past May, Uber initiated what it calls a “driver injury protection program” for its drivers. As anyone who has read my posts knows, I am an “independent contractor” skeptic. I simply do not find credible most of the companies…

via Uber “Injury Protection Program” or Uber Opt-Out? — Workers’ Compensation Law Prof Blog

The ‘‘NEW GIG Act of 2017’’: A Harbinger of the End of Employee Status as We Have Known it? — Workers’ Compensation Law Prof Blog

I spent some time today reading through the “New Economy Works to Guarantee Independence and Growth Act of 2017” (the NEW GIG Act of 2017), a bill introduced on July 17 by Senator John Thune, Republican of South Dakota. Senator…

via The ‘‘NEW GIG Act of 2017’’: A Harbinger of the End of Employee Status as We Have Known it? — Workers’ Compensation Law Prof Blog

New Edition of Duff’s Workers’ Compensation Law — Workers’ Compensation Law Prof Blog

I am pleased to announce that the Second Edition of my law school textbook, Workers’ Compensation Law, has been published by Carolina Academic Press and is available (with Teacher’s Manual from Carolina Academic Press. The book is oriented to beginning…

via New Edition of Duff’s Workers’ Compensation Law — Workers’ Compensation Law Prof Blog