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

Facial Challenges to Workers’ Compensation Statutes and the “No Set of Circumstances” Test — Workers’ Compensation Law Prof Blog

While we are in a relative national workers’ compensation constitutional-challenge lull (there may be other things going on in the world), it is worth mentioning an important threshold point. It is one thing to argue that a provision of a…

via Facial Challenges to Workers’ Compensation Statutes and the “No Set of Circumstances” Test — Workers’ Compensation Law Prof Blog

Epic Systems Settles In: The Question of Employee Misclassification is for the Arbitrators — Workers’ Compensation Law Prof Blog

Months ago, I asked the question whether arbitrators would decide the scope of the gig economy. What I was getting at was that all of the sturm und drang over the misclassification (or perhaps “malclassification”) of employees might come to…

via Epic Systems Settles In: The Question of Employee Misclassification is for the Arbitrators — Workers’ Compensation Law Prof Blog