Matt has asked me about this, sorta.

[NOTE TO SELF, ADD LINKS]

Lots of stuff. One of the moments when I first had an inkling that I might into this stuff was when I was helping (only a little, I still feel guilty about the low level of my contribution) with stuff around Chicago Couriers Union with regard to independent contractor status. It struck me then that legally there’s no such entity as a worker or labor law. In the sense that there’s no one thing, rather there’s a family resemblance and, to strain the metaphor, it’s a family with some issues. The IRS has one test for independent contractor status while the folk who administer unemployment tend to have a different test. This is mostly because the IRS has an institutional interest in folk being found to be workers so they’ll get taxed by employers and will have a harder time dodging their taxes while the unemployment folk want people to be found to not be workers so that the pool of people eligible for benefits is smaller.

Along similar lines, I wonder about the legal and legislative history of disability. I’d be keen to know more about that.

Some bits here a while back, including the following –
“PART 4- VOCATIONAL REHABILITATION

SEC. 531. (a) In order to enable the United States to cooperate with the States and Hawaii in extending and strengthening their programs of vocational rehabilitation of the physically disabled, and to continue to carry out the provisions and purposes of the Act entitled An Act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment , approved June 2, 1920, as amended (U.S.C., title 29, ch. 4; U.S.C., Supp. VII title 29, secs. 31, 32, 34, 35, 37, 39, and 40), there is hereby authorized to be appropriated for the fiscal years ending June 30, 1936, and June 30, 1937, the sum of $841,000 for each such fiscal year in addition to the amount of the existing authorization, and for each fiscal year thereafter the sum of $1,938,000. Of the sums appropriated pursuant to such authorization for each fiscal year, $5,000 shall be apportioned to the Territory of Hawaii and the remainder shall be apportioned among the several States in the manner provided in such Act of June 2, 1920, as amended.”

See also: http://www.ssa.gov/history/pdf/s35walter.pdf

“The Vocational Rehabilitation Act of 1918, ch. 107, ยง 2, 40 Stat. 617, provides that every person who is disabled under circumstances entitling him, after discharge from the military or naval forces of the United States, to compensation under article III of the act entitled “An act to amend an act entitled “An act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department,” approved October 6th, 1917, hereinafter referred to as “said act,” and who, after his discharge, in the opinion of the board, is unable to carry on a gainful occupation, shall be furnished by the said board, where vocational rehabilitation is feasible, such course of vocational rehabilitation as the board shall prescribe and provide.” (CUNNIEN, Respondent, v. SUPERIOR IRON WORKS COMPANY and another, Appellants. SUPREME COURT OF WISCONSIN. 175 Wis. 172; 184 N.W. 767; 1921 Wisc. LEXIS 204; 18 A.L.R. 667; September 22, 1921, Argued
October 18, 1921, Decided.)

On voc rehab see

CIS-NO: 7774 S.rp.675
DOC-TYPE: Serial Set Collection
DOC-NO: S.rp.675, 66-3
SERIAL-VOL-NO: 7774
SESSIONAL-VOL-NO: 1
CONG-SESS: 66-3
SESSION-DATE: 1920, 1921
CONGRESS: 66

BILL-NO: 66 S. 4643

CIS-NO: 7777 H.rp.1374
DOC-TYPE: Serial Set Collection
DOC-NO: H.rp.1374, 66-3
SERIAL-VOL-NO: 7777
SESSIONAL-VOL-NO: 2
CONG-SESS: 66-3
SESSION-DATE: 1920, 1921
CONGRESS: 66

BILL-NO: 66 H.R. 15853

Annual report of Federal Board for Vocational Education, 1920

CIS-NO: 7886 H.doc.866
DOC-TYPE: Serial Set Collection
DOC-NO: H.doc.866, 66-3
SERIAL-VOL-NO: 7886
SESSIONAL-VOL-NO: 92
CONG-SESS: 66-3
SESSION-DATE: 1920, 1921
CONGRESS: 66

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