Ipse Dixit: The Deep Legal Stirrings in the “Gig” Employers’ Challenge of California Employment Law AB 5 — Workers’ Compensation Law Prof Blog

From the beginning, the Achilles heel of the “gig economy” is that its justifications have proceeded as ipse dixit (defined as assertions made but not proved, and as an aside a great name for a Southern rock band). Something about…

via Ipse Dixit: The Deep Legal Stirrings in the “Gig” Employers’ Challenge of California Employment Law AB 5 — Workers’ Compensation Law Prof Blog

Workers’ Compensation Benefits and Overall Wage Growth: Putting Some NCCI Data in Context — Workers’ Compensation Law Prof Blog

Recently, I wrote on this blog about the most recent National Academy of Social Insurance data showing continued declines in employer costs and employee benefits per $100 of employer payroll. As I have written, there are various explanations for this…

via Workers’ Compensation Benefits and Overall Wage Growth: Putting Some NCCI Data in Context — Workers’ Compensation Law Prof Blog

Some Observations on PTSD Coverage Expansion and Firefighter Presumptions — Workers’ Compensation Law Prof Blog

I had the privilege and honor of presenting on this subject on December 12 on a panel at the National Council of Insurance Legislators’ Annual Meeting. My co-panelists were Robert Stokes of the law firm Flahive, Ogden & Latson; and…

via Some Observations on PTSD Coverage Expansion and Firefighter Presumptions — Workers’ Compensation Law Prof Blog

Is a Picture Worth 1000 Words? — Workers’ Compensation Law Prof Blog

This year, I had the honor and privilege of serving on the National Academy of Social Insurance Workers’ Compensation Data Panel. Twenty-three panel members from various backgrounds and policy perspectives (including my blog mate Judge David Torrey) scrutinized data collection…

via Is a Picture Worth 1000 Words? — Workers’ Compensation Law Prof Blog

Dispatch from the Front Lines: More Injuries in Amazon’s “Safe America” — Workers’ Compensation Law Prof Blog

One reason it is hard to bamboozle me on the true state of working America is that before I became a lawyer, and then a law professor, I did 15 years of hard labor in working America. I’ve worked as…

via Dispatch from the Front Lines: More Injuries in Amazon’s “Safe America” — Workers’ Compensation Law Prof Blog

Shameless Self-Promotion: My Wyoming Workers’ Compensation Treatise Has Been Published — Workers’ Compensation Law Prof Blog

I’m very pleased to announce the publication of my Wyoming Workers’ Compensation treatise. I’m especially tickled that I was able to do it “open source”: A Treatise of Wyoming Workers’ Compensation Law seeks both to introduce Wyoming workers’ compensation students…

via Shameless Self-Promotion: My Wyoming Workers’ Compensation Treatise Has Been Published — Workers’ Compensation Law Prof Blog

What does Vosberg v. Putney Have to do with Horseplay in Workers’ Compensation Law? — Workers’ Compensation Law Prof Blog

I am scrambling with intensity trying to convert a 5-credit, two-semester torts course to a 4-credit, one-semester torts course. Occasionally, the mind wanders . . . A long, long time ago, in late 19th century Wisconsin, 12 year old Putney…

via What does Vosberg v. Putney Have to do with Horseplay in Workers’ Compensation Law? — Workers’ Compensation Law Prof Blog

How Low Can You Go? Mandatory Workers’ Compensation Covers only 61% of Wyoming’s Workers — Workers’ Compensation Law Prof Blog

My work on a Wyoming workers’ compensation treatise (submitted to the publisher two weeks ago) has emphasized a fairly stark reality: while 90% of Wyoming workers are covered by workers’ compensation only 68% of that 90% work for employers required…

via How Low Can You Go? Mandatory Workers’ Compensation Covers only 61% of Wyoming’s Workers — Workers’ Compensation Law Prof Blog

Workers’ Compensation and Intentional Conduct: The Scope of the Quid Pro Quo in Oklahoma — Workers’ Compensation Law Prof Blog

Thomas Robinson has a good post up on a recent Oklahoma Supreme Court opinion, Wells v. Oklahoma Roofing & Sheet Metal. The wrongful death opinion, very simply stated, holds that the Oklahoma workers’ compensation statute does not encompass intentional conduct….

via Workers’ Compensation and Intentional Conduct: The Scope of the Quid Pro Quo in Oklahoma — Workers’ Compensation Law Prof Blog

Has Workers’ Compensation Ever Been Adequate? — Workers’ Compensation Law Prof Blog

In follow-up of Judge David Torrey’s kind review of my historical article on workers’ compensation adequacy (see two posts below on this one on this blog), I note that workers’ compensation benefits were originally set at about 50% of the…

via Has Workers’ Compensation Ever Been Adequate? — Workers’ Compensation Law Prof Blog