Industry Insights
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Duff: Workers' Compensation in the Proposed UPS-Teamsters Agreement | 08/17/2023 | |
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| By: Michael C. Duff | |||
| State: NA | Segment: NATIONAL | 0 | |||
| I 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' compensation. ...Read More | |||
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Doud: Seasonal Employee Earnings Don't Have to Be Complicated | 08/02/2023 | |
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| By: John W. Doud | |||
| State: CA | Segment: WEST | 0 | |||
| When calculating seasonal employees’ average weekly wages and entitlement to temporary total disability, parties must take the workers’ in-season and off-season wages into consideration, according to case law on the topic. ...Read More | |||
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Duff: Gig Economy Bigger Than Thought and Growing | 08/01/2023 | |
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| By: Michael C. Duff | |||
| State: NA | Segment: NATIONAL | 0 | |||
| For 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:...Read More | |||
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Duff: Additional Reflections on Kuciemba | 07/25/2023 | |
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| By: Michael C. Duff | |||
| State: CA | Segment: WEST | 0 | |||
| The workers’ compensation portion of the Kuciemba case holds that workers’ compensation exclusivity does not defeat “take home” liability. The exclusive rem...Read More | |||
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Duff: Earnings Disparities, Comp Issues Connected to Race and Ethnicity | 07/18/2023 | |
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| By: Michael C. Duff | |||
| State: NA | Segment: NATIONAL | 0 | |||
| Many 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 state average weekly wage for a...Read More | |||
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Duff: Tyson Losing Defense Production Act COVID Cases | 07/08/2022 | |
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| By: Michael C. Duff | |||
| State: NA | Segment: Top | 0 | |||
| As we predicted here, the Defense Production Act defenses in the worker death cases by Tyson went nowhere. ...Read More | |||
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Duff: U.S. v. Washington No. 2 Post on the Oral Argument | 04/22/2022 | |
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| By: Michael C. Duff | |||
| State: NA | Segment: Top | 0 | |||
| I have posted a recap of the Hanford oral argument on the SCOTUS blog: ...Read More | |||
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Duff: The Hanford Reservation and Disease Causation | 04/18/2022 | |
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| By: Michael C. Duff | |||
| State: WA | Segment: Top | 0 | |||
| I've been retained by the Supreme Court of the United States blog to do a preview, oral argument recap and eventual opinion analysis in the case U.S. v Washington that will be argued in the court this morning. The case is full of issues likely to be of interest to workers' compensati...Read More | |||
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Duff: Employee Status: Not a New Problem | 03/10/2022 | |
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| By: Michael C. Duff | |||
| State: NA | Segment: Top | 0 | |||
| 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, I am inspired to reproduce the language of a decades-old U.S. Supreme Court lab...Read More | |||
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Duff: Workers' Compensation and the Right to Personal Security | 03/01/2022 | |
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| By: Michael C. Duff | |||
| State: NA | Segment: Top | 0 | |||
| The following is an abstract of my most recent academic article on workers' compensation: ...Read More | |||
