Industry Insights
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Dietz: Working Under the Influence | 11/20/2024 | |
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| By: Ryan M. Dietz | |||
| State: CA | Segment: WEST | 0 | |||
| The consumption of illicit substances, such as alcohol, marijuana and prescription narcotics, before or during work hours is on the rise among American workers, thus giving rise to more workers’ compensation claims involving the intoxication defense. ...Read More | |||
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Duff: Reverberations of Magna Carta | 09/19/2024 | |
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| By: Michael C. Duff | |||
| State: NA | Segment: NATIONAL | 0 | |||
| I've authored a new law review piece that will be appearing in final form in the Northeastern University Law Review next spring. I continue my lifelong attempt to connect workers' compensat...Read More | |||
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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 | |||
