The law of mental stress causing mental disability, and its compensability under workers’ compensation (the law of the “mental-mentals”), has been the subject of considerable study. The topic is treated in encyclopedias published for lawyers, most famously in…
A news reporter asked me today whether a public nuisance suit is barred by workers’ compensation exclusivity. It strikes me as a difficult question.Obviously, one cannot sue one’s employer in negligence for physical injury or death because of the workers’…
The new Illinois workers' compensation Covid-19 presumption is actually three presumptions. The full text of the statutory language is here.The first two presumptions apply in the case of death and are applicable specifically to “policemen” and “firemen.” Here is…
Originally published on Legal Planet, By Daniel Farber. Reprinted with permission.Proposed Tort Liability Protection for BusinessesSen. Mitch McConnell is demanding that any future coronavirus relief law provide a litigation shield for businesses, and other conservative/business interests have made similar proposals.So…
I am going to resist the temptation to don my evidence professor hat and go through a tortuous discussion of the distinction between inferences and presumptions, bursting bubble presumptions, and the entire panoply of interesting presumption “stuff.” It is enough…
I have had a couple of inquiries in the last few days about lawsuits filed by employees against meatpacking plants. One illustrative case is Benjamin v. JBS, Phila. Ct. Com. Pl, 5/7/20. Another is Blanca Esther Parra v. Quality…
