Greetings from Saint Louis and “What Covid Laid Bare” — Workers’ Compensation Law Prof Blog

I’m writing this post in scorching Saint Louis, where I am a visiting professor at Saint Louis University School of Law for the fall semester teaching workers’ compensation and torts. It is always interesting to gain exposure to another state’s…

Greetings from Saint Louis and “What Covid Laid Bare” — Workers’ Compensation Law Prof Blog

A Disguised Vaccination Mandate: Submit to Vaccination or Forego the Workers’ Compensation Causation Presumption — Workers’ Compensation Law Prof Blog

A workers’ compensation bill filed in the Illinois House on February 19 provides, “no compensation shall be awarded to a claimant for death or disability arising out of an exposure to COVID-19 if the employee has refused a vaccination.” 820…

A Disguised Vaccination Mandate: Submit to Vaccination or Forego the Workers’ Compensation Causation Presumption — Workers’ Compensation Law Prof Blog

Locking Down Nonliability—An Accidentally Close Reading of an Arkansas Covid-19 Bill — Workers’ Compensation Law Prof Blog

Today, I accidentally bumped into a recent Covid-related bill offered in the Arkansas House within the last couple of weeks that looked at first blush employee-friendly. It would exempt Covid-19 from the otherwise categorical exclusion of “ordinary diseases of life,”…

Locking Down Nonliability—An Accidentally Close Reading of an Arkansas Covid-19 Bill — Workers’ Compensation Law Prof Blog

John Burton & Mike Duff on Workers’ Compensation Covid Presumptions — Workers’ Compensation Law Prof Blog

Back on January 22 Professor Burton and I presented at a webinar conducted by the Workers’ Injury Law and Advocacy Group (WILG) and titled “COVID as an Occupational Disease: How Do Various States Handle these Claims?” In this report, published…

John Burton & Mike Duff on Workers’ Compensation Covid Presumptions — Workers’ Compensation Law Prof Blog

Is the Accident Element of Workers’ Compensation Itself an Historical Accident? — Workers’ Compensation Law Prof Blog

As I commence another semester teaching workers’ compensation law, blissfully if artificially abstracted from Covid contexts, I find myself befuddled by a fundamental and, I naïvely had imagined, simple question: why did state workers’ compensation statutes ever include an accident…

Is the Accident Element of Workers’ Compensation Itself an Historical Accident? — Workers’ Compensation Law Prof Blog

Can Workers’ Compensation “Work” in a Mega-Risk World?: The COVID-19 Experiment — Workers’ Compensation Law Prof Blog

I’ve just published a very short piece on the above-captioned topic in a just released issue of the American Bar Association’s Journal of Labor & Employment law. You can access the piece here. Michael C. Duff

Can Workers’ Compensation “Work” in a Mega-Risk World?: The COVID-19 Experiment — Workers’ Compensation Law Prof Blog

Letter to Congress From Labor and Activist Groups on Gig Economy — Workers’ Compensation Implications — Workers’ Compensation Law Prof Blog

To state the obvious, continued contraction of employee status in the national economy diminishes in importance all domains of employment law. Why would anyone need workers’ compensation if we did not have statutory employees? The glib response to this concern…

Letter to Congress From Labor and Activist Groups on Gig Economy — Workers’ Compensation Implications — Workers’ Compensation Law Prof Blog

“Red” States, the National Labor Relations Act, and Covid Vaccination Mandates — Workers’ Compensation Law Prof Blog

In recent posts I have noted that disability and medical costs arising from adverse reactions to Covid vaccinations are likely to be covered either by workers’ compensation (when the employer requires vaccination as a condition of employment) or perhaps by…

“Red” States, the National Labor Relations Act, and Covid Vaccination Mandates — Workers’ Compensation Law Prof Blog

Hustling Through the New DOL FLSA Employee Test – Will it Change Anything? — Workers’ Compensation Law Prof Blog

The Bloomberg Daily Labor Report says, here behind a paywall, that yesterday “the U.S. Labor Department sent to the White House for review a high-profile final rule to ease employers’ use of independent contractors, continuing the Trump administration’s deregulatory push…

Hustling Through the New DOL FLSA Employee Test – Will it Change Anything? — Workers’ Compensation Law Prof Blog

Congress (Apparently) Steps Back From Abyss of Nationalized Wrongdoer Liability Immunity — Workers’ Compensation Law Prof Blog

The (woefully inadequate) $900 billion Covid relief bill will not nationalize wrongdoer liability immunity. (Negligence law imposes liability on an actor for causing injury to another by being unreasonably risky as to the other’s safety—the actor is a wrongdoer not…

Congress (Apparently) Steps Back From Abyss of Nationalized Wrongdoer Liability Immunity — Workers’ Compensation Law Prof Blog