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State and Local Government Law Commons

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Full-Text Articles in State and Local Government Law

Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani Jan 1992

Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani

Cleveland State Law Review

Recent national studies have confirmed that workplace stress knows no occupational boundaries and, moreover, threatens the psychological well-being of the United States work force. Stress-related claims are expected to increase through the 1990s, and recent commentators fear that this predicted increase in stress-based claims will destroy some states' workers' compensation systems. Because of the potential for fraudulent claims and costly litigation, many states have moved to define and limit the situations in which workers are eligible for stress-related benefits. Limitations have come in the form of legislative enactments or judicial decisions establishing specific requirements or restrictions regarding stress claims. The …


Industrial Property Transfer Liability: Reality V. Necessity, Ellen Joanne Gerber Jan 1992

Industrial Property Transfer Liability: Reality V. Necessity, Ellen Joanne Gerber

Cleveland State Law Review

Under the Comprehensive Environmental Response Compensation and Liability Act, the current owner is liable for the cleanup of hazardous waste, even if a previous owner was responsible for the soil and groundwater contamination, unless he can prove he is an innocent landowner. In response to CERCLA, many owners of industrial facilities have chosen to relocate their companies to rural areas. Unfortunately, these actions have a substantial impact on former industrial urban areas. Section II of this article discusses the liability of a landowner in a CERCLA action. In addition, it sets forth the elements of the innocent landowner defense and …