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

Will COVID-19 “Shock” Workplace Injury Law Like the Railroads of the Early-20th Century? — Workers’ Compensation Law Prof Blog

Workers’ compensation was a means to an end and not an end in itself. It addressed the outrageous frequency of workplace injury and death caused by railroads in the late-19th/early 20th century. The unholy trinity of affirmative tort defenses—assumption of…

Will COVID-19 “Shock” Workplace Injury Law Like the Railroads of the Early-20th Century? — Workers’ Compensation Law Prof Blog

Texas Supreme Court Rules Air Ambulance Rates Regulable by Texas Workers’ Compensation Law — Workers’ Compensation Law Prof Blog

Contrary to all prior Federal circuit courts that have decided the question, the Texas Supreme Court, in Texas Mut. Ins. Co. v. PHI Air Medical, LLC, 2020 WL 3477002, has decided that the Airline Deregulation Act (ADA) does not preempt…

Texas Supreme Court Rules Air Ambulance Rates Regulable by Texas Workers’ Compensation Law — Workers’ Compensation Law Prof Blog

Chicago Illinois McDonald’s Workers Win Partial Preliminary Injunction on Public Nuisance Theory — Workers’ Compensation Law Prof Blog

Two things have emerged with respect to the new public nuisance filings. First, plaintiffs seem to be doing better in state than federal courts, which is an outcome I anticipated. Second, trial level judges do not seem to be analyzing…

Chicago Illinois McDonald’s Workers Win Partial Preliminary Injunction on Public Nuisance Theory — Workers’ Compensation Law Prof Blog

Another McDonald’s Covid-19 Case: Oakland, California Workers Win Preliminary Injunction on Public Nuisance Theory — Workers’ Compensation Law Prof Blog

All the stars aligned for a worker-filed a public nuisance suit–at least chapter one of the suit–the most important of which were probably that the case was brought in a California state court and involved California code law rather than…

Another McDonald’s Covid-19 Case: Oakland, California Workers Win Preliminary Injunction on Public Nuisance Theory — Workers’ Compensation Law Prof Blog

New Center for Progressive Reform Report on Protecting Workers in a Pandemic — Workers’ Compensation Law Prof Blog

I am co-author –with Tom McGarity of University of Texas School of Law and Sid Shapiro of Wake Forest Law — of a new report titled, “Protecting Workers in a Pandemic: What the Federal Government Should Be Doing.” The report…

New Center for Progressive Reform Report on Protecting Workers in a Pandemic — Workers’ Compensation Law Prof Blog