Wyoming’s Unusual Workers’ Compensation Undocumented Worker Rule — Workers’ Compensation Law Prof Blog

Back in May of 2012, the Federal District Court of Wyoming entered a $900,000 tort judgment against an employer, Reiman Corp., for an injury arising out of and in the course of employment by its undocumented worker, Omar Romero. (The…

via Wyoming’s Unusual Workers’ Compensation Undocumented Worker Rule — Workers’ Compensation Law Prof Blog

Wyoming’s Strange Workers’ Compensation Non-Relationship With Walmart — Workers’ Compensation Law Prof Blog

More from my excursion writing a Wyoming workers’ compensation treatise. (Oh, the places you’ll go!). Wyoming’s largest private sector employer, Walmart, is not covered by the state’s workers’ compensation act. Why? Because it is not engaged in an “extrahazardous” employment….

via Wyoming’s Strange Workers’ Compensation Non-Relationship With Walmart — Workers’ Compensation Law Prof Blog

No Reimbursement for Medical Marijuana in Maine Workers’ Compensation and a Subtle Connection to Undocumented Workers — Workers’ Compensation Law Prof Blog

As a Maine workers’ compensation lawyer, I was interested to read the Maine Supreme Judicial Court’s just-issued opinion in Gaetan Bourgoin v. Twin Rivers Paper Co. In the opinion, the Court holds that Twin Rivers is not required to reimburse…

via No Reimbursement for Medical Marijuana in Maine Workers’ Compensation and a Subtle Connection to Undocumented Workers — Workers’ Compensation Law Prof Blog

Why “Quid Pro Quo” Unconstitutionality Arguments Work Better in Some States than Others

“Quid pro quo” arguments resonate more forcefully in Kansas and Florida than in many other states, and there is a state constitutional doctrinal reason why this is so. By quid pro quo, I mean the idea that legislatures abolished workers’…

via Why “Quid Pro Quo” Unconstitutionality Arguments Work Better in Some States than Others — Workers’ Compensation Law Prof Blog

The Making of Wyoming’s First Workers’ Compensation Treatise

I am embarked, along with my research assistants, rising University of Wyoming College of Law 2Ls John Hornbaker IV and Jeremy Meerkreebs, on the construction of Wyoming’s first workers’ compensation treatise. It is my intention to provide some status updates…

via The Making of Wyoming’s First Workers’ Compensation Treatise — Workers’ Compensation Law Prof Blog

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