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Industry Insights

 

Duff: Immigration Status Disclosure on Workers' Compensation Applications 06/10/2019
By: Michael C. Duff
State: NA | Segment: Top | 0
I’m back and mostly recovered from a family vacation in Edinburgh, Scotland. While walking through the cemetery where Adam Smith was interred, my family was surprised to see homeless persons encamped there. ...Read More
 
 

Donovan: What Happens When a Worker Is Injured During a Break? 06/06/2019
By: Amy Donovan
State: CA | Segment: Top | 0
In December of 2016, the California Supreme Court decided the case of Augustus v. ABM Security Services Inc. The plaintiffs in the case wer...Read More
 
 

Duff: Reflections on a Workplace Manslaughter Case 05/23/2019
By: Michael C. Duff
State: ME | Segment: Top | 0
Last summer, well-known podcaster Joe Rogan debated fellow podcaster and sometimes-libertarian Dave Rubin about the necessity of having and enforcing building code regulations (see the YouTube video ...Read More
 
 

Duff: Why Federal Equal Protection Challenges to WC Statutes Don't Work 05/16/2019
By: Michael C. Duff
State: NA | Segment: Top | 0
I do not believe that interference with workers’ compensation rights are subject to vindication under the equal protection clause of the United States Constitution (even when the interference is vicious or unfair), because the obstruction does not disadvantage a suspect class or i...Read More
 
 

Doornink: Doctors Face Exposure to Malpractice, Battery During IMEs 05/02/2019
Source: Christy Doornink
State: WA | Segment: Top | 0
Did you know that independent medical examiners face exposure in the state of Washington for medical malpractice and medical battery causes of action when doing an examination? ...Read More
 
 

Duff: Origins and Effects of My Workers' Compensation 'Viscerality' 04/30/2019
By: Michael C. Duff
State: NA | Segment: Top | 0
I am about to use a largely academic word — viscerality — to explain my atypically (for a law professor) nonacademic relationship to workers’ compensation law. Please be patient with me. ...Read More
 
 

Duff: Are State's Undocumented Workers Covered by WC? It's Complicated 04/04/2019
By: Michael C. Duff
State: TN | Segment: Top | 0
In a remarkable case just decided by the Tennessee Supreme Court, Sandoval v. Williamson, the court concluded that a provision in the Tennessee Workers’ Compensation Act, “wh...Read More
 
 

Duff: New National Employment Law Project Report on the Gig Economy 03/28/2019
By: Michael C. Duff
State: NA | Segment: Top | 0
As I have been arguing for years, the gig economy is not the exception, it is "the plan." ...Read More
 
 

Duff: Democracy, Deodands and the British Birth of the Grand Bargain 03/19/2019
By: Michael C. Duff
State: NA | Segment: Top | 0
While I generally accept Price Fishback and Shawn Kantor’s narrative holding that workers’ compensation arose in the U.S. as a grand bargain among multiple stakeholders, around 1911, the labor law professor/historian in me has doubted organized employee partic...Read More
 
 

Duff: The Odd Lot Doctrine and Work Search 03/11/2019
By: Michael C. Duff
State: NA | Segment: Top | 0
A common problem in workers’ compensation is the partially incapacitated worker who is unable to return to the “injury employment” as a result of an unambiguously work-related injury. ...Read More
 
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