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Industry Insights

 

Duff: Is the Accident Element of Workers' Compensation Itself a Historical Accident? 02/02/2021
By: Michael C. Duff
State: NA | Segment: Top | 0
As I commence another semester teaching workers’ compensation law, blissfully if artificially abstracted from COVID contexts, I find myself befuddled by a fundamental and, I naïvely had imagined, simple question: Why did state workers’ compensation statutes ever in...Read More
 
 

Duff: Will New FLSA Employee Test Change Anything? 12/28/2020
By: Michael C. Duff
State: NA | Segment: Top | 0
The Bloomberg Daily Labor Report recently said “the U.S. Labor Department sent to the White House for review a high-profile final rule to ease employers’ use of independent contractors, continuing the Trump administration’s deregulatory push in the final weeks before the preside...Read More
 
 

Duff: COVID Vaccine Injuries May Be Covered by Federal Program 12/21/2020
By: Michael C. Duff
State: CA | Segment: Top | 0
I fear that very soon we may be facing vaccine injuries in connection with the dispensing of essentially experimental COVID vaccines. I certainly hope it does not happen, but experience is a cruel teacher. ...Read More
 
 

Duff: Will COVID Federal Civil Immunity Pre-Empt Cal/OSHA Rules? 12/17/2020
By: Michael C. Duff
State: CA | Segment: Top | 0
UPDATE: Some folks are telling me that liability immunity is being pulled from the table. I hope that is true, but let's just say I'm not taking this post down and won't be holding my breath, either. ...Read More
 
 

Duff: Coverage of Adverse Reactions From Employer-Required COVID-19 Vaccination 12/10/2020
By: Michael C. Duff
State: NA | Segment: Top | 0
A member of the press asked me whether illness caused by an adverse reaction to an employer-required COVID-19 vaccine would be covered under workers’ compensation. ...Read More
 
 

Duff: Businesses (and Others) May Negligently Expose You to Coronavirus With Impunity 12/04/2020
By: Michael C. Duff
State: NA | Segment: Top | 1
If you work in the gig economy, you are not (or so the giggers contend) an employee and are, therefore, not entitled to workers’ compensation (among other employee rights). ...Read More
 
 

Duff: COVID Culture Wars and Workers: Stuck in the Middle Again 11/23/2020
By: Michael C. Duff
State: NA | Segment: Top | 0
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 shoot to kill.”...Read More
 
 

Duff: The Proposition 22 Gig Hustle: Ask Not for Whom the Bell Tolls 11/18/2020
By: Michael C. Duff
State: CA | Segment: Top | 0
I have arrived at the point in my torts course when we discuss the distinction between “employees” and “independent contractors.” ...Read More
 
 

Duff: Supreme Court Upholds Governor's Emergency COVID Executive Actions 11/17/2020
By: Michael C. Duff
State: KY | Segment: Top | 0
A “brisk,” 92-page opinion is reducible for my purposes to two propositions. First, the executive generically has broa...Read More
 
 

Duff: Can COVID Causation Presumptions Have Preclusive Effect in Tort Cases? 10/13/2020
By: Michael C. Duff
State: NA | Segment: Top | 0
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. ...Read More
 
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