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Full-Text Articles in Torts
Miller V. Northside Danzi Construction Company: Immunity, The Contractor-Under Clause And Alaska's Workers' Compensation Act, Timothy R. Gosselin
Miller V. Northside Danzi Construction Company: Immunity, The Contractor-Under Clause And Alaska's Workers' Compensation Act, Timothy R. Gosselin
Seattle University Law Review
In Miller v. Northside Danzi Construction Co., "the Alaska Supreme Court held that a general contractor," required by Alaska's Workers' Compensation Act to pay compensation to an uninsured subcontractor's injured employee, is not immune from liability at common law for the same injuries. Interpreting narrowly the Act's "employer" definition, the court prohibited the general contractor from asserting the exclusive liability defense granted to the primary employer who pays compensation to its injured employee, and thus permitted the injured worker to claim awards under the Act and independently at common law. By allowing the injured employee recovery from the contractor …
The Need For Workers' Compensation Reform In Ohio's Definition Of Injury: Szymanski V. Halle's Department Store, Ellen L. Knight
The Need For Workers' Compensation Reform In Ohio's Definition Of Injury: Szymanski V. Halle's Department Store, Ellen L. Knight
Cleveland State Law Review
This Note begins with a background of Ohio Supreme Court limitations on the General Assembly's definition of injury in workers' compensation law. Part IV(C) of this Note will analyze other jurisdiction's approaches to the compensability of physical injury caused by mental stimulus and will discuss other aspects and refinements of personal injury in the course of employment. It is proposed that there is a need for reform in Ohio's construction of "any injury"'-one that will embrace the nationwide trends of "uniformly" compensating workers for both physical and mental injury caused by mental stimulus. Ohio currently excludes both types of injuries. …