What if Employers Are Willing to Give Up Exclusive Remedy Defense?
In his typically lucid and engaging style, Bob Wilson mused in his post this morning that the employer opt out movement in workers’ compensation law isn’t dead; it’s only sleeping. For what it’s worth, I agree.
It’s as if all too many in the comp world have become susceptible to a form of “Jedi mind trick.” Like the Stormtroopers who stopped Obi-Wan and Luke as the duo searched for a starship, only to be side-tracked when Ob-Wan waved his hand, saying, “He can go about his business,” many in the comp arena heard about the Oklahoma Supreme Court holding last year in Vasquez v. Dillard’s, Inc., and numbly repeated to ourselves, “You can go about your business.”
Obi-Wan waves that hand again and continues, “Move along.” All too many of us nod quietly and say, “Move along …, move along.” Continue reading