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Full-Text Articles in Law

The Modification Of Washington's Nondelegable Duty Doctrine In A Post-Afoa Ii State, Caroline Aubry Golshan Sep 2019

The Modification Of Washington's Nondelegable Duty Doctrine In A Post-Afoa Ii State, Caroline Aubry Golshan

Seattle University Law Review

Under the nondelegable duty doctrine, a person or entity who has a duty to provide specified safeguards or precautions for the safety of others and who maintains a right of control over workplace safety is subject to liability for harm caused by the failure of a sub-contractor to provide such safeguards or precautions. This doctrine is based on the policy that the party with the greatest power over work conditions is in the best position to implement safety measures across a complex and layered worksite. This doctrine has existed in Washington State for decades until the recent Washington Supreme Court …


America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth May 2014

America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth

University of Richmond Law Review

No abstract provided.


The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy Jan 2003

The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy

Faculty Articles and Other Publications

This Article addresses some of the issues that arise when an employee injured at work qualifies for leave under the ADA, the FMLA and workers' compensation statutes. Part II of the Article provides a brief overview of these
three statutory schemes, focusing on the provisions, which define employee and employer qualification and the rights and responsibilities surrounding leave due to a work-related injury. Part III examines how the courts have resolved some of the overlapping and conflicting provisions contained in these statutes. This section particularly focuses on how the courts address employer obligations under all three statutes when an employee …


Judge-Made Insurance That Was Not On The Menu: Schmidt V. Smith And The Confluence Of Text, Expectation, And Public Policy In The Realm Of Employment Practices Liability, Jeffrey W. Stempel Jan 1999

Judge-Made Insurance That Was Not On The Menu: Schmidt V. Smith And The Confluence Of Text, Expectation, And Public Policy In The Realm Of Employment Practices Liability, Jeffrey W. Stempel

Scholarly Works

In Schmidt v. Smith, the New Jersey Supreme Court caught more than a few observers by surprise. New Jersey courts have generally issued opinions regarded as pro-claimant and pro-policyholders. But everyone's taste for recompense and coverage has limits. In Schmidt, the court exceeded those limits for many observers by holding that despite what it regarded as clear contract language in an exclusion, an insurer providing Employers’ Liability (“EL”) coverage along with Workers' Compensation (“WC”) insurance for the employer was required to provide coverage in a case of blatant sexual harassment bordering on criminal assault. In doing so, the Schmidt court, …


The Legal Rights Of Nonsmokers In The Workplace, Raymond L. Paolella Jan 1987

The Legal Rights Of Nonsmokers In The Workplace, Raymond L. Paolella

Seattle University Law Review

This Article examines the legal rights of nonsmokers based upon the common law right to a safe workplace, federal and state laws protecting handicapped persons, other tort theories, various federal and state statutory provisions, administrative regulations, and local ordinances. Although strong emphasis is placed on the legal rights of nonsmokers in the workplace, the rights of nonsmokers in public places will also be discussed. The main focus is on Washington law; however, the common law and federal law theories discussed in this Article should be viable in many other jurisdictions throughout the United States.