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"Generally, a claimant who voluntarily withdraws from the labor market by retiring is not entitled to workers' compensation benefits unless the claimant's disability caused or contributed to the retirement" (Matter of Losquadro v Nassau County Police Dept., 225 AD3d 1083, 1084 [3d Dept 2024] [internal quotation marks and citations omitted]; accord Matter of Digbasanis v Pelham Bay Donuts Inc., 224 AD3d 1047, 1048-1049 [3d Dept 2024]; Matter of… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Workers' Compensation Board ruled, among other things, that claimant for Workers' Compensastion had voluntarily removed himself from the labor market and was not entitled to postretirement wage loss benefits

3 Jul 2024, 12:32 pm by Public Employment Law Press

"Generally, a claimant who voluntarily withdraws from the labor market by retiring is not entitled to workers' compensation benefits unless the claimant's disability caused or contributed to the retirement" (Matter of Losquadro v Nassau County Police Dept., 225 AD3d 1083, 1084 [3d Dept 2024] [internal quotation marks and citations omitted]; accord Matter of Digbasanis v Pelham Bay Donuts Inc., 224 AD3d 1047, 1048-1049 [3d Dept 2024]; Matter of… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

[Josh Blackman] The Goal Of The "Architects of the Supreme Court" Was Always Overruling Chevron, and not Overruling Roe

3 Jul 2024, 9:43 am by Josh Blackman

The only decision of note was Kanter v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Jonathan H. Adler] Presidential Immunity As a Question of Executive Power

3 Jul 2024, 9:30 am by Jonathan H. Adler

United States is more satisfying than the majority on several counts. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Justice Thomas Hates on Section 230. Again.–Doe v. Snap

3 Jul 2024, 7:33 am by Eric Goldman

” It’s the law of the United States. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Graber on Reconstruction

3 Jul 2024, 6:30 am by Stephen Griffin

” One response was to give Congress concrete new powers to enforce the amendments, borrowing the “appropriate” language from Chief Justice Marshall’s epochal opinion in McCulloch v. [read post]

Balkinization - http://balkin.blogspot.com/

Trump’s Prosecutions Depend on Whether the Dissent Got It Right

3 Jul 2024, 6:25 am by Adam Klasfeld

A close reading of the lead opinion, concurrences, and dissents in Trump v. [read post]

Just Security - https://www.justsecurity.org/

Administrative due process is satisfied if the court finds that the determination is supported by a rational basis, even if the court concludes that it would have reached a different result than the one reached by the agency

3 Jul 2024, 6:00 am by Public Employment Law Press

"If the court finds that the determination is supported by a rational basis, it must sustain the determination even if the court concludes that it would have reached a different result than the one reached by the agency" (Matter of Peckham v Calogero, 12 NY3d at 431). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Administrative due process is satisfied if the court finds that the determination is supported by a rational basis, even if the court concludes that it would have reached a different result than the one reached by the agency

3 Jul 2024, 6:00 am by Public Employment Law Press

"If the court finds that the determination is supported by a rational basis, it must sustain the determination even if the court concludes that it would have reached a different result than the one reached by the agency" (Matter of Peckham v Calogero, 12 NY3d at 431). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

2024 HIPAA Final Rule: The New Attestation Requirement

3 Jul 2024, 4:00 am by Kirsten Leloudis

In the preamble to the Final Rule, HHS acknowledged that this broad language may make it challenging to operationalize the attestation requirement but stated that the “potentially related” language is here to stay. [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/

Why Did Conservatives Change Their Tune on Chevron?

3 Jul 2024, 4:00 am by Eric Berger

Raimondo decision overruled Chevron v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

Catching Up on Tech and Travels – TGIR Ep. 260

3 Jul 2024, 3:00 am by Greg Lambert

I’ll let you go first, since you went off to, I think, our 50th state, Hawaii, Marlene Gebauer 1:34 that’s right, I went to Hawaii, and both of us had some some we put some distance, you know, we put some miles on the airplane. [read post]

3 Geeks and a Law Blog - http://www.geeklawblog.com/

[Josh Blackman] What Exactly Do Justices Thomas and Gorsuch Disagree About In Loper Bright

2 Jul 2024, 8:18 pm by Josh Blackman

United States, 587 U. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Six big takeaways from this historic Supreme Court term

2 Jul 2024, 11:51 am by Marcia Coyle

And then, along came United States v. [read post]

Constitution Daily - https://constitutioncenter.org/blog

Moyle and Abortion’s New Criminalization—A History-And-Tradition Right to Healthcare Access After Dobbs

2 Jul 2024, 8:26 am by Guest Blogger

In Moyle v. [read post]