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Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron

St. John's Law Review

(Excerpt)

This Note argues that the legislature should add a provision to New York’s Workers’ Compensation Act that expressly precludes jurors from coverage. Such a provision would comport with the policy underlying the statute, the statute’s structure, and the statute’s language. Moreover, that legislative provision would prevent the court from wasting the considerable time and expense of grappling with other courts’ inconsistent interpretations of workers’ compensation statutes and their underlying policies. First, Part I of this Note provides an overview of the workers’ compensation law and explores the policies underlying the advent of workers’ compensation statutes. Then, Part II surveys …

The Workplace Injunction: An Emerging But Imperfect Weapon In The Fight Against Domestic Violence, Michael D. Moberly

American University Journal of Gender, Social Policy & the Law

No abstract provided.

It Has To End Somewhere: Feiereisen V. Newpage Corp. And The Scope Of The Employment Contract, Benjamin R. Hutchinson

Maine Law Review

In January of 2008, Kurt Feiereisen was driving to attend a mediation meeting regarding his workers’ compensation claims when he was injured in a car accident. At the time, Feiereisen was pursuing three separate claims against Newpage Corporation for bodily injuries that he had sustained while working for the company during the years of 1987, 1997, and 2007. In June of 2008 he petitioned for compensation awards related to the injuries from all four occasions. Awards were granted for the three earliest injuries, but denied for the injury sustained during the 2008 car accident because this injury did not occur …

Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell

West Virginia Law Review

No abstract provided.

Gradually Developed Disabilities: A Dilemma For Workers' Compensation, M. Thomas Arnold

Akron Law Review

This article will examine some of these problems and attempt to make a few modest suggestions as to the direction future consideration of the compensability of gradually developed disabilities should take.

Exception To The Going And Coming Rule: Special Hazard Or Risk, Karen M. Holmes

Akron Law Review

In Littlefield v. Pillsbury Co., the Ohio Supreme Court specifically adopted the "special hazard or risk" exception to the "going and coming" rule. This exception extends workers' compensation coverage to claims for injuries sustained in accidents occurring outside an employer's premises, before or after work, if the injury occurs because of a hazard created by the employment.

Workers' Compensation In Ohio: Scope Of Employment And The Intentional Tort, Donald P. Wiley

Akron Law Review

The purpose of this comment is to discuss the issues and developments in the intentional tort area. Although analogies are drawn from developments in other jurisdictions, the primary focus will be on Ohio decisions. As will be demonstrated, Ohio courts are now being faced with the following question: Is an employer protected from common law damages no matter how his employee is injured, or should he be "punished" by a common law action when he intentionally injures his employee? Within this query are many others: What is an intentional injury? Can the employee recover workman's compensation and common law damages …

Mccarty V. Workman's Compensation Appeals Board, Harry M. Caldwell

Pepperdine Law Review

No abstract provided.

Current Trends In Workers' Compensation, Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Attempting To Find Some Common Ground For Illegal Aliens, And The Board's Ability To Award Back Pay: Hoffman Plastic Compounds, Inc. V. Nlrb , Stephen M. Hernandez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii

Pepperdine Law Review

No abstract provided.

Independent Contractors, Employees, Andentrepreneurialism Under The Nationallabor Relations Act: A Worker-By-Worker Approach, Micah Prieb Stoltzfus Jost

Washington and Lee Law Review

No abstract provided.

Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery

Golden Gate University Law Review

No abstract provided.

Toxicogenomics And Workers' Compensation: A Reworking Of The "Bargain"?, Joan E. Flaherty

Journal of Health Care Law and Policy

No abstract provided.

Unsafe Workplace, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory

West Virginia Law Review

No abstract provided.

Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs

University of Richmond Law Review

No abstract provided.

Malignant Indifference: The Wages Of Contemporary Child Labor In The United States, Seymour Moskowitz

Oklahoma Law Review

No abstract provided.

A Historical Perpective On Contemporary Challenges In Workers' Compensation, Terence G. Ison

Osgoode Hall Law Journal

Workers' compensation has entered a period of rising complexity and increasing pressures for system change. This article explains the extent to which important assumptions and assertions made in this process are historically correct. The discussion includes the historical interaction of tort liability with workers' compensation, and the current proposals for "privatization."

Assessing Fairness In Workers' Compensation Reform: A Commentary On The 1995 West Virginia Workers' Compensation Legislation, Emily A. Spieler

West Virginia Law Review

No abstract provided.

Director, Owcp V. Greenwich Collieries: The End Of The True Doubt Rule, Allan Brown

West Virginia Law Review

No abstract provided.

Injured Workers, Workers' Compensation, And Work: New Perspectives On The Workers' Compensation Debate In West Virginia, Emily A. Spieler

West Virginia Law Review

No abstract provided.

Workers' Compensation And Sexual Harassment In The Workplace: A Remedy For Employees, Or A Shield For Employers?, Ruth C. Vance

Hofstra Labor & Employment Law Journal

No abstract provided.

West Virginia's New Workers' Compensation Anti-Discrimination Provision: The Road To Court Is Paved With Good Intentions, Bryan R. Cokeley

West Virginia Law Review

No abstract provided.

Mayles V. Shoney's, Inc.: Comment On Recent Developments In Mandolidis Actions, David O. Schles

West Virginia Law Review

No abstract provided.

Reopenings And Modifications In West Virginia Workers' Compensation Claims: A Practitioner's Guide, Bradley A. Crouser

West Virginia Law Review

No abstract provided.

Illegal Aliens And Workers' Compensation: The Aftermath Of Sure-Tan And Irca, Mark Anthony Miele

Hofstra Labor & Employment Law Journal

No abstract provided.

Workers' Compensation—Supervisory Employees Are Immune From Tort Actions, Hank Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.

Workers Compensation: The Historical Compromise Revisited, Dianne Pothier

Dalhousie Law Journal

This committee, after our study, declares that our present system of workers' compensation legislation is still fundamentally sound in concept. - Report to the House of Assembly of the Select Committee on Workers' Compensation, May, 1981 In the last decade health and safety issues in the workplace have gained a special prominence. Across North America new initiatives have been taken in response to an old problem. One aspect subjected to re-evaluation in many jurisdictions is the statutory scheme of workers' compensation. In Nova Scotia a Select Committee of the Legislature was given the mandate to reassess this scheme, and its …

In Wake Of Mandolidis: A Case Study Of Recent Trials Brought Under The Mandolidis Theory--Courts Are Grappling With Procedural Uncertainties And Juries Are Awarding Exorbitant Damages For Plaintiffs, David A. Mohler

West Virginia Law Review

No abstract provided.

Workers' Compensation–Statute Of Limitations On Seeking Additional Benefits, Robert E. Mccallum

University of Arkansas at Little Rock Law Review

No abstract provided.