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Law360 Publishes Buchalski and Heck on Workers’ Compensation Claims on Federal Lands

Law360

April 26, 2022

Authors: Andrew J. Heck, Jeremy M. Buchalski

Partners Jeremy Buchalski (New York, NY) and Andrew Heck (Florham Park, NJ) co-authored “What Stood Out in Workers' Comp Arguments at High Court,” an article in the April 22, 2022, edition of Law360. The article concerns U.S. v. Washington, a recent U.S. Supreme Court case for which the High Court heard oral arguments on April 18, 2022. The case centered upon whether a Washington State statute improperly discriminated against the federal government by creating a presumption regarding specified occupational diseases in relation to federal contractors working at a decommissioned federal nuclear facility located in Washington.  Washington relied upon a federal statute permitting the application of state workers’ compensation laws on federal lands, which the lower courts applied and found in favor of the State.  However, after the Supreme Court agreed to hear the case, Washington passed a substitute statute and asked the Supreme Court to find the current litigation moot, which may prevent the Supreme Court from addressing the merits of the federal government’s claim.  A decision is expected later this year.

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