Recent Developments in Workers' Compensation and Employers' Liability Law

This survey reviews significant statutory developments and appellate court decisions addressing workers' compensation issues for the period from October 2016 through September 2017. Workers' compensation systems are state statutory programs; the direct effect of statutes and precedents outside of their state of origin is limited. Nevertheless, compensation principles and laws have much in common among states and much can be learned from studying how legislatures and courts of other jurisdictions have treated similar issues. It is notable that when state courts cannot adjudicate an issue based solely upon a statute’s plain language, and no precedent of the jurisdiction is determinative, they often consider authority from other states. Given the state-based character of compensation laws, not all of the cases discussed here can be considered to be landmark decisions, but they are significant for what they can teach lawyers and judges about how workers’ compensation laws are structured and interpreted.