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Full-Text Articles in Law
Social Security, Modes Of Communication For Blind And Visually Impaired Persons And The Rehabilitation Act – American Council Of The Blind V Astrue, Mel Cousins
Mel Cousins
This note examines a recent District Court decision in which the plaintiffs successfully challenged the adequacy of modes of communication by the Social Security Administration in its notices and other correspondence to blind and visually impaired persons. The case shows the potential of the Rehabilitation Act to improve services to persons with disabilities.
Coal Workers’ Pneumoconiosis And Equal Protection In Kentucky – Cain V Lodestar Energy, Gardner V Vision Mining And Martinez V Peabody Coal, Mel Cousins
Mel Cousins
This note discusses a number of recent decisions of the Kentucky courts concerning coal workers pneumoconiosis and equal protection. The Kentucky Court of Appeals has recently found unconstitutional a special ‘consensus’ procedure by which coal workers affected by pneumoconiosis were required to prove their claim for workers compensation. The case is currently under appeal to the Kentucky Supreme Court.
The Developing Concept Of European Citizenship: Residence And Welfare Rights In Eu Law, Mel Cousins
The Developing Concept Of European Citizenship: Residence And Welfare Rights In Eu Law, Mel Cousins
Mel Cousins
The developing case law on European Union citizenship has attracted much attention in recent years. One of the most important aspects of this case law has been the implications of citizenship for the right of residence and, in particular, the relationship between the right of residence and access to social security benefits. This issue is particularly sensitive because of the concerns of Member States in relation to the potential costs involved arising from greatly extended residence rights for non-nationals. This article looks at a number of interrelated issues concerning the relationship between access to social security and (rights of) residence. …
Mental Stress, Workers Compensation And Equality: Plesner V British Columbia Hydro And Power Authority, Mel Cousins
Mental Stress, Workers Compensation And Equality: Plesner V British Columbia Hydro And Power Authority, Mel Cousins
Mel Cousins
This note discusses the decision of the British Columbia Court of Appeal that restrictions on the right of a person affected by mental stress to recover compensation under the British Columbia workers compensation code were in breach of the equality provisions (s. 15) of the Canadian Charter of Rights. Although (because of the specific facts of the case) the result of the judgement was only that certain provisions of the relevant Policy (13.30) of the Workers Compensation Board were ‘read down’, the implications of the decision cast doubt on the wider restrictions on compensation for mental stress which remain in …