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Full-Text Articles in Law
A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman
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
Benefit Adequacy In State And Provincial Workers' Compensation Programs, H. Allan Hunt, Marcus Dillender
H. Allan Hunt
No abstract provided.
Religious Freedom And Workers’ Compensation - Big Sky Colony V Montana Department Of Labor And Industry, Mel Cousins
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 …
A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman
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.
Barriers To Use Of Workers' Compensation For Patient Care At Massachusetts Community Health Centers, Lenore Azaroff, Letitia Davis, Robert Naparstek, Dean Hashimoto, James Laing, David Wegman
Barriers To Use Of Workers' Compensation For Patient Care At Massachusetts Community Health Centers, Lenore Azaroff, Letitia Davis, Robert Naparstek, Dean Hashimoto, James Laing, David Wegman
Dean M. Hashimoto
Objectives
To examine barriers community health centers (CHCs) face in using workers' compensation insurance (WC). Data Sources/Study Setting
Leadership of CHCs in Massachusetts. Study Design
We used purposeful snowball sampling of CHC leaders for in-depth exploration of reimbursement policies and practices, experiences with WC, and decisions about using WC. We quantified the prevalence of perceived barriers to using WC through a mail survey of all CHCs in Massachusetts. Data Collection/Extraction Methods
Emergent coding was used to elaborate themes and processes related to use of WC. Numbers and percentages of survey responses were calculated. Principal Findings
Few CHCs formally discourage use …
Workers’ Compensation And The Right To Interstate Travel – Schatz V Interfaith Care Centre, Mel Cousins
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 …
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.
Benefit Adequacy In State Workers' Compensation Programs, H. Hunt
Benefit Adequacy In State Workers' Compensation Programs, H. Hunt
H. Allan Hunt
No abstract provided.
Three Systems Of Workers' Compensation, H. Allan Hunt
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
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
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
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.
Workers' Compensation System In Michigan: A Closed Case Survey, H. Allan Hunt
Workers' Compensation System In Michigan: A Closed Case Survey, H. Allan Hunt
H. Allan Hunt
Provides a data base for analysis of workers' comp issues in Michigan, and offers a comparison between cases from insured and self-insured employers.
Ensuring Health And Income Security For An Aging Workforce, Peter Budetti, Richard V. Burkhauser, Janice M. Gregory, H. Allan Hunt
Ensuring Health And Income Security For An Aging Workforce, Peter Budetti, Richard V. Burkhauser, Janice M. Gregory, H. Allan Hunt
H. Allan Hunt
The chapters explore implications of an aging workforce for a number of social programs in the coming decades, and point to the critical policy issues we must face when growing numbers of older workers begin to strain the capacity of those programs.
The Third Way: Prevention And Compensation Of Work Injury In Victoria, Australia, Peter S. Barth, H. Allan Hunt, Alan Clayton, Ralph Mcginn, Robert W. Klein, Terrance J. Bogyo
The Third Way: Prevention And Compensation Of Work Injury In Victoria, Australia, Peter S. Barth, H. Allan Hunt, Alan Clayton, Ralph Mcginn, Robert W. Klein, Terrance J. Bogyo
H. Allan Hunt
No abstract provided.
Inflation Protection For Workers' Compensation Claimants In Michigan: A Simulation Study, H. Allan Hunt
Inflation Protection For Workers' Compensation Claimants In Michigan: A Simulation Study, H. Allan Hunt
H. Allan Hunt
Explores the idea of a privately funded, publicly administered benefit adjustment program to protect wc beneficiaries from inflation.
Is Compensation For Workplace Injuries Adequate?, H. Allan Hunt
Is Compensation For Workplace Injuries Adequate?, H. Allan Hunt
H. Allan Hunt
No abstract provided.
Analysis Of Persistence In Employer Injury Rates: Final Report, H. Allan Hunt
Analysis Of Persistence In Employer Injury Rates: Final Report, H. Allan Hunt
H. Allan Hunt
No abstract provided.
Compromise And Release Settlements In Workers' Compensation: Final Report, H. Allan Hunt, Peter S. Barth
Compromise And Release Settlements In Workers' Compensation: Final Report, H. Allan Hunt, Peter S. Barth
H. Allan Hunt
No abstract provided.
Differences In Workers' Compensation Experience Among Michigan Employers, Rochelle Habeck, H. Hunt, Michael Leahy, Edward Welch
Differences In Workers' Compensation Experience Among Michigan Employers, Rochelle Habeck, H. Hunt, Michael Leahy, Edward Welch
H. Allan Hunt
No abstract provided.
Total Permanent Disability In Washington, H. Allan Hunt
Total Permanent Disability In Washington, H. Allan Hunt
H. Allan Hunt
No abstract provided.
Earnings Losses For Injured Workers, H. Allan Hunt, Kelly Derango, Eva Madly
Earnings Losses For Injured Workers, H. Allan Hunt, Kelly Derango, Eva Madly
H. Allan Hunt
No abstract provided.
Performance Management In Workers' Compensation Systems, H. Allan Hunt
Performance Management In Workers' Compensation Systems, H. Allan Hunt
H. Allan Hunt
No abstract provided.
Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt
Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt
H. Allan Hunt
No abstract provided.
Workers' Compensation Insurance In North America: Lessons For Victoria?, H. Allan Hunt, Robert W. Klein
Workers' Compensation Insurance In North America: Lessons For Victoria?, H. Allan Hunt, Robert W. Klein
H. Allan Hunt
No abstract provided.
Farm Workers, Equal Treatment And Insurability: Griego V New Mexico Workers’ Compensation Administration, Mel Cousins
Farm Workers, Equal Treatment And Insurability: Griego V New Mexico Workers’ Compensation Administration, Mel Cousins
Mel Cousins
The US courts have considered a number of cases where a person has argued that his or her exclusion from insurability (either in social security, unemployment insurance or workers compensation) was in breach of the guarantee of equal protection in federal and/or state constitutions. The Social Security Act had originally entirely excluded domestic and agricultural workers. Early cases upholding the constitutionality of the Social Security Act had, inter alia, held that the exclusion of certain classes of worker from the scope of coverage did not render the legislation unconstitutional. However, these cases had not involved claims of racial, economic or …
Black Lung Benefits And Constitutional Challenges: The Byrd Amendments To The Black Lung Benefits Act; And The Kentucky Consensus Procedure, Mel Cousins
Mel Cousins
This note discusses two recent issues where legislation concerning benefits for coal workers affected by pneumoconiosis (black lung) was challenged under the US Constitution, including issues of due process, equal treatment and the takings clause. Congress has recently restored earlier legislation making it easier for the survivors of workers affected by black lung to qualify for federal benefits. Several courts of appeal have upheld this legislation against constitutional challenges from employers holding that it is neither in breach of the employers’ due process rights nor a taking within the meaning of the Fifth Amendment to the Constitution. In contrast, the …
Equal Protection, Workers Compensation And Offset Of Benefits (Again) – Caldwell V Maco Workers Compensation And Caputo V Workers’ Compensation Appeal Board (Commonwealth Of Pennsylvania)
Mel Cousins
As noted in an earlier article, one issue which has received considerable attention in terms of equal protection challenges in US courts is that concerning the offset of one type of social security benefits with worker’s compensation payments. The Supreme Court in Richardson v Belcher upheld the reduction in social security disability insurance because of receipt of a state worker’s compensation payment as rationally based and free from invidious discrimination. The Court and various federal courts of appeals have subsequently shown little interest in subjecting such offset provisions to more than a minimal level of scrutiny. State courts have also …
Chronic Pain, Impairment, Workers Compensation And Equality: Downey V Nova Scotia (Workers Compensation Appeals Tribunal), Mel Cousins
Mel Cousins
This note examines the issue of the treatment of chronic pain under Canadian workers compensation law in the context of the right to equality set out in s. 15 of the Canadian Charter of Rights. In the Martin case the Supreme Court of Canada ruled that the exclusion compensation for chronic pain from the general Nova Scotia worker’s compensation scheme was in breach of s. 15 of the Charter. Following this decision, Nova Scotia enacted new legislation which brought chronic pain within the general scheme but subject to a limit of the amount of compensation payable. These provisions were challenged …
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.