Wefel Center Conference: Fifty Years After 'Inadequate and Inequitable'
Law Professor Blogs Network | Workers’ Compensation Law Prof Blog
by WorkcompLawProf
1M ago
We will be having a conference at the Saint Louis University School of Law on workers' compensation on Tuesday, October 11: In 1970, Congress noted in its prelude to enactment of the Occupational Safety and Health Act that “serious questions ..read more
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Tyson Losing Defense Production Act Covid Cases As Predicted
Law Professor Blogs Network | Workers’ Compensation Law Prof Blog
by WorkcompLawProf
5M ago
As we predicted here, the Defense Production Act defenses in the worker death cases by Tyson went nowhere. From Bruce Rolfsen at Bloomberg: A Trump administration executive order doesn’t protect Tyson Foods Inc. from workers’ Covid-19 death and injury liability ..read more
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U.S. v. Washington #2 - Post on the Oral Argument
Law Professor Blogs Network | Workers’ Compensation Law Prof Blog
by WorkcompLawProf
7M ago
I have posted a recap of the Hanford oral argument on the SCOTUS blog. It might not be easy to get to the merits of United States v. Washington. A funny thing happened on the way to oral argument: The ..read more
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Fifty More Years of Ineffable Quo?: Workers' Compensation and the Right to Personal Security
Law Professor Blogs Network | Workers’ Compensation Law Prof Blog
by WorkcompLawProf
9M ago
Here is an abstract of my most recent academic article on workers' compensation: During the days of Covid-19, OSHA has been much in the news as contests surface over the boundaries of what risks of workplace harm are properly regulable ..read more
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Pennsylvania Court Upholds Award to Worker who Sustained Injury due to Flu Shot (Home Depot, 12.23.2021)
Law Professor Blogs Network | Workers’ Compensation Law Prof Blog
by David B. Torrey
11M ago
The Commonwealth Court of Pennsylvania (an intermediate appellate court) held, on December 23, 2021, that the WCJ, in his grant of an original claim for a flu-shot-induced “transverse cervical myelitis,” did not rely on the purportedly incompetent opinion of claimant’s ..read more
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Pennsylvania Supreme Court: In Upset, Employers Now - at WCJ's Discretion - to Pay Attorney's Fees on Top of Claimant's Award
Law Professor Blogs Network | Workers’ Compensation Law Prof Blog
by David B. Torrey
1y ago
The Pennsylvania Supreme Court, in a holding at odds with custom and practice, has held that, in all cases where a claimant prevails, the employer is, at the WCJ’s discretion, responsible for claimant’s attorney’s fees. This is so even when ..read more
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"Worker Protection Bill," The National Labor Relations Act, and Worker Safety
Law Professor Blogs Network | Workers’ Compensation Law Prof Blog
by WorkcompLawProf
1y ago
Although not directly related to workers' compensation, in the aftermath of tornado-related worker deaths in Illinois and Kentucky there have been a number of news stories discussing the need for a worker protection law of some kind. But as I ..read more
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Of Tornado Alleys and Workers’ Compensation
Law Professor Blogs Network | Workers’ Compensation Law Prof Blog
by WorkcompLawProf
1y ago
When I wrote the short piece, “Will Workers’ Compensation Work in a Mega-Risk World,” I did not have exactly in mind the overnight death of workers’ at an Amazon facility resulting from freakish (or maybe not so freakish) tornados in ..read more
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2022: The 50th Anniversary of the Report of the National Commission on State Workmen's Compensation Laws
Law Professor Blogs Network | Workers’ Compensation Law Prof Blog
by David B. Torrey
1y ago
The year 2022 will mark the 50th Anniversary of the 1972 publication of the Report of the National Commission on State Workmen’s Compensation Laws. That report condemned the current status of compensation laws (limited coverages, poverty-level rates) as a national ..read more
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In Pennsylvania Case, Worker did not Commit Benefits-Disqualifying Misconduct by way of his Inability to Engage in Direct-Observation Urine Test
Law Professor Blogs Network | Workers’ Compensation Law Prof Blog
by David B. Torrey
1y ago
The Pennsylvania Commonwealth Court, affirming the WCJ and Board, has held that the claimant, after an acknowledged injury, successfully proved his ongoing TTD case, despite the employer’s argument that he had (this writer’s term) engaged in post-injury misconduct (to wit ..read more
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