Industry Insights
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Duff: Is the Accident Element of Workers' Compensation Itself a Historical Accident? | 02/02/2021 | |
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| 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 | |||
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Duff: Will New FLSA Employee Test Change Anything? | 12/28/2020 | |
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| 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 | |||
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Duff: COVID Vaccine Injuries May Be Covered by Federal Program | 12/21/2020 | |
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| 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 | |||
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Duff: Will COVID Federal Civil Immunity Pre-Empt Cal/OSHA Rules? | 12/17/2020 | |
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| 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 | |||
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Duff: Coverage of Adverse Reactions From Employer-Required COVID-19 Vaccination | 12/10/2020 | |
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| 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 | |||
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Duff: Businesses (and Others) May Negligently Expose You to Coronavirus With Impunity | 12/04/2020 | |
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| 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 | |||
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Duff: COVID Culture Wars and Workers: Stuck in the Middle Again | 11/23/2020 | |
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| 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 | |||
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Duff: The Proposition 22 Gig Hustle: Ask Not for Whom the Bell Tolls | 11/18/2020 | |
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| 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 | |||
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Duff: Supreme Court Upholds Governor's Emergency COVID Executive Actions | 11/17/2020 | |
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| 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 | |||
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Duff: Can COVID Causation Presumptions Have Preclusive Effect in Tort Cases? | 10/13/2020 | |
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| 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 | |||
