On November 1, Federal District Court Judge Cogan, of the Eastern District Court of New York, dismissed the public nuisance suit filed against Amazon in connection with its alleged unhealthy operation of the JFK8 Fulfillment Center in the context of
Latest from Workers’ Compensation Law Prof Blog - Page 6
Covid Culture Wars and Workers – Stuck in the Middle Again
A frozen yogurt dealer in Durango, Colorado offered customers discounts for not wearing masks. Someone in town thereafter apparently got upset and busted out the dealer’s front window. He, in response, apparently affixed a sign to his establishment: “I
The California Proposition 22 Gig Hustle: Ask Not for Whom the Bell Tolls
I have arrived at the point in my torts course when we discuss the distinction between “employees” and “independent contractors.” The first thing I will be asking my students is what happens if a California Uber driver negligently, grossly-negligently, or
Kentucky Supreme Court Upholds Governor’s Emergency Covid Executive Actions Including Creation of Workers’ Compensation Presumptions
Ametros Panel on Workers’ Compensation Covid-19 Presumptions
I was pleased to participate in this panel back on October 27. I actually snuck the phrase "bursting bubble presumption" into the conversation. I'm warming up for taking over my law school's Evidence course next semester (for the second time).
National Academy of Social Insurance Annual Report on Workers’ Compensation
NASI's annual "costs and benefits report" is just out and is updated to include 2018 data (the most recent available). Yours truly and Pennsylvania Workers' Compensation Judge David B. Torrey–co-editors of this blog–are members of NASI's workers' compensation data panel,
Can Workers’ Compensation Covid Causation Presumptions Have Preclusive Effect in Tort Cases?
One of the more interesting fact scenarios playing out in recent months centers on the scope of workers’ compensation exclusivity: an employee becomes exposed to coronavirus but does not herself become disabled by Covid-19. Instead, she carries the disease home
Short Open Source eBook: Work Law Under COVID-19
From the front material:
Work Law Under COVID-19Sachin S. Pandya and Jeffrey M. Hirsch (editors)2020-10-04
PrefaceThis book is a first stab at explaining the ways that COVID-19 has thus far affected work law – mostly in the U.S. with a
Sedgwick Institute Publishes White Paper Cautioning Against Presumptions for COVID-19
In an important white paper, published by Sedgwick, the authors review the recent popularity of presumptions (including those for COVID-19) in workers’ compensation laws. David Langham & Chris Mandel, American Workers’ Compensation – A Study in Disparities and
Some Quick Thoughts on “Presumptions”
I am very clear on why certain people do not “understand” COVID-19 workers’ compensation causation presumptions. There is that very old (gendered) Upton Sinclair saw: “It is difficult to get a man to understand something when his salary depends upon