Workers’ Compensation Law Prof Blogtag:typepad.com,2003:weblog-1237879520396961392023-08-13T20:47:14-07:00A Member of the Law Professor Blogs NetworkTypePadWorkers' Compensation in the Proposed UPS-Teamsters Agreementtag:typepad.com,2003:post-6a00d8341bfae553ef02b751ae708f200c2023-08-13T20:47:14-07:002023-08-13T20:47:14-07:00I was very surprised during the pandemic at how little some unions knew about workers' compensation. I'll be keeping a close look during this period of union agitation to see what is happening in collective bargaining agreements relating to workers'...WorkcompLawProfGig Economy Bigger Than Thought and Growingtag:typepad.com,2003:post-6a00d8341bfae553ef02b751ad30d0200c2023-07-31T07:51:00-07:002023-07-31T07:51:00-07:00For several years I have been voicing my suspicions that the Gig economy was bigger than was being admitted. A new-ish study from Upjohn Institute persuades me that my instincts have not been failing me: We find that, upon probing,...WorkcompLawProfAdditional Reflections on Kuciemba (the Covid 19 Liability Case)tag:typepad.com,2003:post-6a00d8341bfae553ef02c1a6cef7f1200b2023-07-22T11:36:28-07:002023-07-22T11:36:28-07:00The workers’ compensation portion of the Kuciemba case holds that workers’ compensation exclusivity does not defeat “take home” liability. The exclusive remedy bar was found not to apply to this category of cases. A tort case would in principle have...WorkcompLawProfMy Review of Stephanie Bornstein's Article, "Confronting the Racial Pay Gap"tag:typepad.com,2003:post-6a00d8341bfae553ef02b751ac18df200c2023-07-19T07:54:44-07:002023-07-19T07:54:44-07:00My review of Stepanie Bornstein's Confronting the Racial Pay Gap, 75 Vand. L. Rev. 1401 (2022), has just been posted on the Jotwell (Journal of Things We Like Lots) website. For those who may not know, Jotwell publishes timely reviews...WorkcompLawProfEarnings Disparities and Workers’ Compensation Issues Connected to Race and Ethnicitytag:typepad.com,2003:post-6a00d8341bfae553ef02b751ab5291200c2023-07-17T09:26:06-07:002023-07-17T09:26:06-07:00Many employee benefits systems, including workers’ compensation, are pegged in a purportedly neutral fashion to earnings. Thus, in workers’ compensation we might say that a benefit is based on 66 2/3% of the preinjury average weekly wage capped at the...WorkcompLawProfImplications of Reshoring for Workers’ Compensation Systems?tag:typepad.com,2003:post-6a00d8341bfae553ef02c1a6cd0a02200b2023-07-08T09:56:11-07:002023-07-08T09:56:11-07:00I’m not entirely sure what “reshoring” or “Bidenomics” mean, and I don’t think I’m alone. (See Brooke Sutherland’s Bloomberg piece of 6/30/23). According to a June 1 CNBC article, however: A new “reshoring” trend is set to upend global supply...WorkcompLawProfSick Workers, Sick Families, Employer Immunity: California Picks a Pyrrhic Victory in Kuciembatag:typepad.com,2003:post-6a00d8341bfae553ef02c1b258daae200d2023-07-07T14:46:07-07:002023-07-07T14:46:07-07:00Nero fiddled, and I really don’t know how white powder made its way into the White House. But I do know that the California Supreme Court just issued an opinion in Kuciemba v. Victory Woodworks that will be incredibly hurtful...WorkcompLawProfJustia's Workers' Compensation Laws: 50-State Surveytag:typepad.com,2003:post-6a00d8341bfae553ef02c1b2570b11200d2023-06-19T13:43:05-07:002023-06-19T13:43:05-07:00Hat tip to my research assistant Alexa Benson for alerting me to the Justia Workers' Compensation materials (especially the 50-state comparative survey). I plan to begin aggressively exploring with my RAs this summer open source workers' compensation comparative materials. Hopefully...WorkcompLawProfOn the Workers’ Compensation Quid Pro Quo and the Racial Wage Gaptag:typepad.com,2003:post-6a00d8341bfae553ef02b685375f6f200d2023-05-13T13:05:47-07:002023-05-15T07:00:46-07:00Some obvious things take their time to hit me in just the right way that I take notice. I spend a lot of time thinking and writing about what I perceive as the inherent unfairness for all workers embedded in...WorkcompLawProfWefel Center Conference: Fifty Years After 'Inadequate and Inequitable'tag:typepad.com,2003:post-6a00d8341bfae553ef02acc60ef6d3200b2022-10-07T08:26:49-07:002022-10-07T08:26:49-07:00We will be having a conference at the Saint Louis University School of Law on workers' compensation on Tuesday, October 11: In 1970, Congress noted in its prelude to enactment of the Occupational Safety and Health Act that “serious questions...WorkcompLawProf