Can Workers’ Compensation Covid Causation Presumptions Have Preclusive Effect in Tort Cases? — Workers’ Compensation Law Prof Blog

One of the more interesting fact scenarios playing out in recent months centers on the scope of workers’ compensation exclusivity: an employee becomes exposed to coronavirus but does not herself become disabled by Covid-19. Instead, she carries the disease home…

Can Workers’ Compensation Covid Causation Presumptions Have Preclusive Effect in Tort Cases? — Workers’ Compensation Law Prof Blog

Short Open Source eBook: Work Law Under COVID-19 — Workers’ Compensation Law Prof Blog

From the front material: Work Law Under COVID-19 Sachin S. Pandya and Jeffrey M. Hirsch (editors) 2020-10-04 Preface This book is a first stab at explaining the ways that COVID-19 has thus far affected work law – mostly in the…

Short Open Source eBook: Work Law Under COVID-19 — Workers’ Compensation Law Prof Blog

Some Quick Thoughts on “Presumptions” — Workers’ Compensation Law Prof Blog

I am very clear on why certain people do not “understand” COVID-19 workers’ compensation causation presumptions. There is that very old (gendered) Upton Sinclair saw: “It is difficult to get a man to understand something when his salary depends upon…

Some Quick Thoughts on “Presumptions” — Workers’ Compensation Law Prof Blog

Center for Progressive Reform Report Recommending an OSHA Private Right of Action — Workers’ Compensation Law Prof Blog

Departing sharply from notions of “liability immunity” member scholars at the Center for Progressive Reform (CPR)—including yours truly—have offered in a new report sustained argument for establishment of a Private Right of Action under the OSH Act. Although not directly…

Center for Progressive Reform Report Recommending an OSHA Private Right of Action — Workers’ Compensation Law Prof Blog

Every Time I Think It Can’t get Worse . . . Michigan GOP’s Draconian COVID-19 Proposal — Workers’ Compensation Law Prof Blog

Senator Zorn, the Michigan state republican senator who allegedly wore a protective face mask on the Michigan Senate floor depicting a design similar to the battle flag of the Confederate States of America, has proposed his own type of workers’…

Every Time I Think It Can’t get Worse . . . Michigan GOP’s Draconian COVID-19 Proposal — Workers’ Compensation Law Prof Blog

Quick Discussion of Republican Liability Immunity Bill: the ‘‘Safe To Work Act’’ (Yikes) — Workers’ Compensation Law Prof Blog

The bill is here. It is every bit as sweeping as advertised. It is described in this manner: “To lessen the burdens on interstate commerce by discouraging insubstantial lawsuits relating to COVID–19 while preserving the ability of individuals and businesses…

Quick Discussion of Republican Liability Immunity Bill: the ‘‘Safe To Work Act’’ (Yikes) — Workers’ Compensation Law Prof Blog

Workers’ Compensation, Air-Bags, and the Great Reconfiguring — Workers’ Compensation Law Prof Blog

I recently saw a short piece on workers’ compensation. Essentially the piece contended that there will be few COVID workers’ compensation claims, the claims are not expensive, and the impact of presumptions has been minimal. Workers’ compensation premiums have not…

Workers’ Compensation, Air-Bags, and the Great Reconfiguring — Workers’ Compensation Law Prof Blog

Liability Immunity and Personal Security—Irreconcilable Ideas? — Workers’ Compensation Law Prof Blog

I wrote in general terms back on June 10 about the “liability shield” that will probably be front and center in the debate over the next COVID-19 Relief Bill. No bill has yet been produced, but everyone is pretty clear…

Liability Immunity and Personal Security—Irreconcilable Ideas? — Workers’ Compensation Law Prof Blog

Is a New Extrahazardous Economy Upon Us? May States Choke Off All Worker Injury Rights in Reaction to It? — Workers’ Compensation Law Prof Blog

From the beginning of the pandemic I have harbored an intuition that the most difficult COVID-19 legal issues would manifest not during lockdown but while the economy was reopening. My suspicion has been that at some point it would be…

Is a New Extrahazardous Economy Upon Us? May States Choke Off All Worker Injury Rights in Reaction to It? — Workers’ Compensation Law Prof Blog

Trump’s OSHA Too Tough for Smithfield? & Why the Defense Production Act Probably Does not Immunize Anyone From Tort Claims — Workers’ Compensation Law Prof Blog

Trump’s OSHA has committed the unpardonable sin of subpoenaing Download DOH subpoena from the South Dakota Department of Health certain information that Smithfield Foods provided it during the early days of the Covid outbreak: employee reports of illness; COVID-19 test…

Trump’s OSHA Too Tough for Smithfield? & Why the Defense Production Act Probably Does not Immunize Anyone From Tort Claims — Workers’ Compensation Law Prof Blog