Law Commons^™

Diagnostic Inflation For The People, Benjamin Douglas

Benjamin Douglas

Workplace stress can cause diagnosable mental health problems, and there is every reason to grant psychologically injured workers the same benefits accorded to other injured workers. Nevertheless, numerous jurisdictions deny or restrict these benefits, using arguments that do not stand up to scrutiny. The real reason for the double standard is not rooted in science, medicine or reason, but in employers' need to preserve low expectations for workers' mental well-being, which enables greater employer control over their employees, and shifts the costs of failing mental health to the rest of society. To reclaim workers' compensation for those who are suffering …

Keynote Address, Potential Impacts Of The Affordable Care Act On The Colorado Workers’ Compensation System, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell

Julian Dibbell

When does work become play, and play work? Courts have considered the question in a variety of economic contexts, from student athletes seeking recognition as employees to professional blackjack players seeking to be treated by casinos just like casual players. Here I apply the question to a relatively novel context: that of online gold farming, a gray-market industry in which wage-earning workers, largely based in China, are paid to play online fantasy games (MMOs) that reward them with virtual items their employers sell for profit to the same games’ casual players. Gold farming is clearly a job (and under the …

Strategic Posturing And The Political Economy Of Property Rights In The Biodiversity Convention, Kojo Yelpaala

Kojo Yelpaala

Abstract

Certain patterns in history seem so stubbornly persistent as to resemble the laws of nature. One of these patterns with such enduring permanence is the role of scarcity in natural resources in the evolution of the political economy of the world and international law. It was scarcity in spices, silk, emeralds and other precious stones that inspired the evolution of exchange relations between Europe and the Far East through the famous Silk Routes. Interruptions to trade along the Silk Routes and the compounding effects of scarcity in other natural resources in Europe further inspired the age of discovery, imperialism …

A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman

Kevin Hollenbeck

No abstract provided.

Benefit Adequacy In State And Provincial Workers' Compensation Programs, H. Allan Hunt, Marcus Dillender

H. Allan Hunt

No abstract provided.

Workers' Compensation In Georgia, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

Winning Safer Workplaces: A Manual For State And Local Policy Reform, Rena I. Steinzor

Rena I. Steinzor

We set out to compile a list of rules and policies that could be implemented by state and local governments to provide better protections for U.S. workers. This manual includes more than two dozen such ideas, organized into thematic chapters: Chapter 1: Empowering Workers, with proposals designed to strengthen workers' individual and collective power to demand changes in their workplaces; Chapter 2: Making Sure Crime Doesn't Pay, with ideas for strong enforcement of workplace health and safety rules that will punish bad actors and deter similar behavior;Chapter 3: Strengthening Institutions, with recommendations intended to bolster government agencies' efforts to protect …

Workshop Libro Verde Bilateralità 26.5.14 Roma, Michele Faioli

Michele Faioli

No abstract provided.

Profit Sharing: An Alternative Minimum Wage Model, Nicholas Parker

Nicholas Parker

No abstract provided.

Religious Freedom And Workers’ Compensation - Big Sky Colony V Montana Department Of Labor And Industry, Mel Cousins

Mel Cousins

Social security and health care litigation has played a prominent role in the development of the jurisprudence concerning the religious clauses of the US Constitution. At the time of writing further litigation in this area is ongoing with initial rulings having been handed down in relation to challenges concerning the compatibility of the PPACA’s contraceptive mandate with the Religious Freedom Restoration Act (RFRA). This note considers an interesting recent decision of the Montana supreme court which considered the constitutionality of an extension of coverage under the Montana workers’ compensation code to colonies of the Hutterite (or Hutterian or Hutterische) Brethren …

Workmen's Compensation For Maritime Employees: Obscurity In The Twilight Zone, Robert E. Rodes

Robert Rodes

No abstract provided.

Foreword: Health In The Workplace, Barbara Fick

Barbara J. Fick

This article is a brief forward to the 1987 Notre Dame Law Review Symposium Issue.

Time Is Money--But Is It Compensable Work? An Analysis Of Ibp, Inc. V. Alvarez, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case IBP, Inc. v. Alvarez, 546 U.S. 21 (2005). The issues raised in that case were: Is the time employees spend walking and waiting in line during the process of donning and doffing required safety equipment considered compensable work such that employers must pay them for that time?

Reconciling The Nlra And Irca: Can An Undocumented Worker Receive Back Pay? An Analysis Of Hoffman Plastic Compound, Inc. V. Nlrb, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Hoffman Plastic Compound, Inc., v. NLRB, 535 U.S. 137 (2002). The author expected the Court to address in this case the apparent conflict between the National Labor Relations Act's goal of the prevention of unfair labor practices and the Immigration Reform and Control Act's denial of employment to undocumented aliens. This issue arose because of an award of back pay to an undocumented worker who was fired because of his union organizing activities.

Sistema Pensionistico Enasarco, Michele Faioli

Michele Faioli

La Fondazione Giacomo Brodolini e la SERI - Scuola Europea di Relazioni Industriali hanno svolto per conto di FIARC una ricerca sul sistema pensionistico ENASARCO. La ricerca sarà presentata al convengo che si terrà il 4 ottobre p.v. , a Roma, presso la Sapienza, Università di Roma. In occasione di tale Convegno, saremmo onorati della Sua autorevole presenza presenza in qualità di discussant alla tavola rotonda.

A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman

H. Allan Hunt

No abstract provided.

Virginia: How Does The Affordable Care Act Affect Workers’ Compensation In The Commonwealth?, Elisabeth M. Wright

Elisabeth M Wright

No abstract provided.

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

Emily A. Spieler

No abstract provided.

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

Emily A. Spieler

No abstract provided.

Workers’ Compensation And The Right To Interstate Travel – Schatz V Interfaith Care Centre, Mel Cousins

Mel Cousins

In Schatz, the Minnesota supreme court considered the interesting question of the right to interstate travel as it affects workers’ compensation. While we know that durational residence requirements for welfare benefits and medical care are likely to be found to be unconstitutional, the US courts have to date not greatly explored where other conditions of social security, workers compensation or welfare schemes may impinge on the right to interstate travel. In order to set the groundwork, Part 1 of this note sets out the Supreme Court’s decisions concerning benefits and the right to travel, focusing on the aspects of most …

New York State's 2007 Worker's Compensation Reform: Success Or Failure?, Mary L. D'Agostino

Mary L D'Agostino

No abstract provided.

Invitation To Book Launch, Neil J. Foster

Neil J Foster

Invitation to the Book Launch on 22 Nov 2012

Adequacy Of Earnings Replacement In Workers' Compensation Programs: A Report Of The Study Panel On Benefit Adequacy Of The Workers' Compensation Steering Committee, National Academy Of Social Insurance, H. Allan Hunt

H. Allan Hunt

The Workers’ Compensation Steering Committee of the National Academy of Social Insurance formed the Benefit Adequacy Study Panel to review the literature on benefit adequacy and to develop an approach to document what is currently known—and not known—about benefit adequacy in WC programs. The panel documents the extent to which WC cash benefits replace workers’ lost wages, and assesses the adequacy of that wage replacement.

The Michigan Disability Prevention Study: Research Highlights, H. Allan Hunt, Rochelle Virginia Habeck

H. Allan Hunt

This 3-year collaborative research project was designed to provide empirical evidence to substantiate the impact of various employer policies and practices on the prevention and management of workplace disability. It studied a random sample of 220 Michigan establishments with more than 100 employees from seven different industries who responded to a mail survey in the first half of 1991. The study correlates differences in employer-reported levels of achievement on policy and practice dimensions with performance on disability outcome measures, while controlling for a set of establishment characteristics in a multivariate regression analysis.

Benefit Adequacy In State Workers' Compensation Programs, H. Hunt

H. Allan Hunt

No abstract provided.

Three Systems Of Workers' Compensation, H. Allan Hunt

H. Allan Hunt

No abstract provided.

The Workers' Compensation System Of British Columbia: Still In Transition, H. Allan Hunt, Peter S. Barth, Michael J. Leahy

H. Allan Hunt

No abstract provided.

New Hope For Workers' Compensation Programs, H. Allan Hunt, Rochelle Virginia Habeck

H. Allan Hunt

No abstract provided.

Employer Factors Related To Workers' Compensation Claims And Disability Management, Rochelle Habeck, Michael Leahy, H. Hunt, Fong Chan, Edward Welch

H. Allan Hunt

No abstract provided.