I am so grateful to be a new co-director of the Wefel Center for Employment Law at the Saint Louis University School of Law! I also now share duties as co-editor of the American Bar Association's Journal of Labor &
Workers’ Compensation Law Prof Blog
Latest from Workers’ Compensation Law Prof Blog - Page 2
Tyson Losing Defense Production Act Covid Cases As Predicted
As we predicted here, the Defense Production Act defenses in the worker death cases by Tyson went nowhere. From Bruce Rolfsen at Bloomberg: A Trump administration executive order doesn’t protect Tyson Foods Inc. from workers’ Covid-19 death and injury liability…
New Article, in ABA TTIPS Journal, The Brief, on the 1972 National Commission Report
American Bar Association, The Brief, Volume 51, No. 3, p.8 (Spring 2022). The year 2022 marks the fiftieth anniversary of the publication of the Report of the National Commission on State Workmen’s Compensation Laws.* That 1972…
Justices Overturn Washington Workers’ Compensation Law On a Strict Reading of Intergovernmental Immunity
My SCOTUS blog analysis of the Supreme Court's opinion in U.S. v. Washington is here.Michael C. Duff
U.S. v. Washington #2 – Post on the Oral Argument
I have posted a recap of the Hanford oral argument on the SCOTUS blog. It might not be easy to get to the merits of United States v. Washington. A funny thing happened on the way to oral argument: The…
Workers’ Compensation at the Supreme Court – The Hanford Reservation & Disease Causation
I've been retained by the SCOTUS blog to do a preview, oral argument recap, and eventual opinion analysis in the case U.S. v Washington that will be aegued in the Court this coming Monday morning. The case is full of…
Employee Status: Not a New Problem
Fresh off a presentation on the Gig economy at an ABA function, and in preparation for a lecture I will be delivering to my students this week, I am inspired to reproduce the language of a decades-old U.S. Supreme Court…
Fifty More Years of Ineffable Quo?: Workers’ Compensation and the Right to Personal Security
Here is an abstract of my most recent academic article on workers' compensation:During the days of Covid-19, OSHA has been much in the news as contests surface over the boundaries of what risks of workplace harm are properly regulable by…
January 2022 Rand Report on Workers’ Compensation and COVID is Highly Recommended!
The Rand Corporation last month published an educational white paper on COVID and workers' compensation that is educational in the extreme for the workers' compensation professional. The lead author is an economist, and his remarks about insurance, in particular,
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New, Accessible Cal-Berkeley Law Review Article Treats the “Fissured Workplace,” Argues for More Rights for “Non-entrepreneurial” Independent Contractors
Next month, Professor Duff and I will (after a two-year delay), present, for the ABA New Orleans CLE, on the gig workforce and workers' compensation. In reviewing the absolute latest literature, one broad treatment of the issue stood out…