Workers’ Compensation Teaching: The Odd Lot Doctrine & Work Search — Workers’ Compensation Law Prof Blog

A common problem in workers’ compensation is the partially incapacitated worker who is unable to return to the “injury employment” as a result of an unambiguously work-related injury. For some period of time, the worker may be deemed by all…

via Workers’ Compensation Teaching: The Odd Lot Doctrine & Work Search — Workers’ Compensation Law Prof Blog

More Challenges in Workers’ Compensation Teaching: Permanent Partial Disability — Workers’ Compensation Law Prof Blog

Nothing more quickly allows me as a teacher to reveal and explore the fault lines of workers’ compensation theory than the subject of permanent partial disability. I teach—both in my class and in my workers’ compensation textbook—a simplified wage loss…

via More Challenges in Workers’ Compensation Teaching: Permanent Partial Disability — Workers’ Compensation Law Prof Blog

Teaching Workers’ Compensation Causation in Law School — Workers’ Compensation Law Prof Blog

I’m fortunate to have had all my workers’ compensation students as torts students in their first year of law school. I’m in a good position to explain to them that references in workers’ compensation statutes and cases to legal phrases…

via Teaching Workers’ Compensation Causation in Law School — Workers’ Compensation Law Prof Blog

Empty Preemption of Workers’ Compensation: Parallels Between the Hanford Nuclear Facility and Air Ambulance Disputes — Workers’ Compensation Law Prof Blog

I am interested in conflicts between federal and state law in the context of workers’ compensation. And I am especially interested in a phenomenon I have called “empty preemption”: when federal law with little or no substance displaces state law…

via Empty Preemption of Workers’ Compensation: Parallels Between the Hanford Nuclear Facility and Air Ambulance Disputes — Workers’ Compensation Law Prof Blog

Does Bankruptcy Law Treat Injury Rights More Seriously than Workers’ Compensation and Tort Law? — Workers’ Compensation Law Prof Blog

The major issue in judicial review of workers’ compensation and tort reform laws is the level of “scrutiny” judges are to apply when considering constitutional challenges to the statutes. Generally, a challenger has the heavy burden of demonstrating that a…

via Does Bankruptcy Law Treat Injury Rights More Seriously than Workers’ Compensation and Tort Law? — Workers’ Compensation Law Prof Blog

Additional Commentary on the Wyoming Air Ambulance Workers’ Compensation Bill — Workers’ Compensation Law Prof Blog

Sometimes lost in Wyoming air ambulance discussion is the realization that Wyoming possesses a monopolistic workers’ compensation system. Accordingly, when an air ambulance company may charge what it likes, given distorted market conditions, that “economic rent” is extracted directly from…

via Additional Commentary on the Wyoming Air Ambulance Workers’ Compensation Bill — Workers’ Compensation Law Prof Blog

First Draft of Wyoming’s Workers’ Comp Air Ambulance Bill: Preempted and Unconstitutional? — Workers’ Compensation Law Prof Blog

That didn’t take long! Back on November 27, I predicted that, in light of the Wyoming Supreme Court’s opinion in the Air Methods/Rocky Mountain Holdings case, see the recap here, states would begin taking the position that they would simply…

via First Draft of Wyoming’s Workers’ Comp Air Ambulance Bill: Preempted and Unconstitutional? — Workers’ Compensation Law Prof Blog

6th Edition of the AMA Guides, Legislative Supremacy, and the 2018 that Wasn’t — Workers’ Compensation Law Prof Blog

Despite protestations to the contrary, workers’ compensation has everything to do with “fault.” It is just not the cabined, microcosmic fault we think of as “tort.” If workers work, workers will be harmed and killed. We choose not to ascribe…

via 6th Edition of the AMA Guides, Legislative Supremacy, and the 2018 that Wasn’t — Workers’ Compensation Law Prof Blog

Air Methods/Rocky Mountain Holdings v. Workers’ Compensation Division): The Wyoming Supreme Court Affirms Full State Reimbursement for Air Ambulance Services — Workers’ Compensation Law Prof Blog

Imagine the following. (A simplification of Air Methods/Rocky Mountain Holdings v. Workers’ Compensation Division). A worker is injured in a remote Wyoming location (that is, in almost any Wyoming location). The only way for the worker to reach a hospital…

via Air Methods/Rocky Mountain Holdings v. Workers’ Compensation Division): The Wyoming Supreme Court Affirms Full State Reimbursement for Air Ambulance Services — Workers’ Compensation Law Prof Blog

Is Diva Limousine’s Race-to-the-Bottom Suit Against Uber Coherent? — Workers’ Compensation Law Prof Blog

The pattern has now become clear. The Uber strategy continues to be to shunt as many independent contractor suits into arbitration as possible, where it no doubt hopes they will be silently and favorably (or at any rate non-precedentially) resolved….

via Is Diva Limousine’s Race-to-the-Bottom Suit Against Uber Coherent? — Workers’ Compensation Law Prof Blog