Gradually Developed Disabilities: A Dilemma For Workers' Compensation,
2015
The University of Akron
Gradually Developed Disabilities: A Dilemma For Workers' Compensation, M. Thomas Arnold
Akron Law Review
This article will examine some of these problems and attempt to make a few modest suggestions as to the direction future consideration of the compensability of gradually developed disabilities should take.
Exception To The Going And Coming Rule: Special Hazard Or Risk,
2015
The University of Akron
Exception To The Going And Coming Rule: Special Hazard Or Risk, Karen M. Holmes
Akron Law Review
In Littlefield v. Pillsbury Co., the Ohio Supreme Court specifically adopted the "special hazard or risk" exception to the "going and coming" rule. This exception extends workers' compensation coverage to claims for injuries sustained in accidents occurring outside an employer's premises, before or after work, if the injury occurs because of a hazard created by the employment.
Eligibility To Receive Death Benefits Plus Accrued Compensation; State Ex Rel. Nyitray V. Industrial Commission,
2015
The University of Akron
Eligibility To Receive Death Benefits Plus Accrued Compensation; State Ex Rel. Nyitray V. Industrial Commission, Mary Clare O'Connor
Akron Law Review
In State ex re. Nyitray v. Industrial Commission, the Ohio Supreme Court recently overruled State ex rel. Spiker v. Industrial Commission, a forty year-old case which had interpreted two important sections of the Ohio Workers' Compensation Act. Under the new ruling, dependents of workers who die from work-related injuries or occupational diseases will be eligible to receive death benefits as well as compensation which had accrued to the worker up until the time of his death.
Keynote Address, Potential Impacts Of The Affordable Care Act On The Colorado Workers’ Compensation System,
2015
Boston College Law School
Keynote Address, Potential Impacts Of The Affordable Care Act On The Colorado Workers’ Compensation System, Dean Hashimoto
Dean M. Hashimoto
No abstract provided.
The New Workers' Compensatin Law In Ohio: Senate Bill 307 Was No Accident,
2015
The University of Akron
The New Workers' Compensatin Law In Ohio: Senate Bill 307 Was No Accident, Scott Washam
Akron Law Review
In Part I, this comment traces the evolution of workers' compensation laws in this country with particular emphasis on the development of the Act in Ohio. In Part II, the relevant caselaw is discussed, including Blankenship v. Cincinnati Milacron Chemicals, Jones v. VIP Development Company, and their progeny which led to the enactment of Senate Bill 307. In Part III, Bill 30710 is considered along with its implications for the injured worker.
College Athletes Should Be Entitled To Workers' Compensation For Sports-Related Injuries: A Request To Broaden The Definition Of Employee Under Ohio Revised Code Section 4123.01,
2015
The University of Akron
College Athletes Should Be Entitled To Workers' Compensation For Sports-Related Injuries: A Request To Broaden The Definition Of Employee Under Ohio Revised Code Section 4123.01, David W. Woodburn
Akron Law Review
This Comment examines the Ohio Workers' Compensation Act 25 and its applicability to scholarship-athletes. Part I discusses the failure of the NCAA and its universities to adopt an insurance program capable of providing effective coverage to scholarship-athletes. Part II provides a general overview of workers' compensation and discusses the major cases which either support or negate the applicability of workers' compensation to scholarship-athletes. Part III examines Ohio Revised Code section 4123.01 and how it can be interpreted to include scholarship-athletes within its scope, as well as discussing the public policy implications of incorporating scholarship students with this section.
The Effect Of Health Insurance On Workers' Compensation Filing: Evidence From The Affordable Care Act's Age-Based Threshold For Dependent Coverage,
2015
W.E. Upjohn Institute for Employment Research
The Effect Of Health Insurance On Workers' Compensation Filing: Evidence From The Affordable Care Act's Age-Based Threshold For Dependent Coverage, Marcus O. Dillender
Upjohn Institute Working Papers
This paper identifies the effect of health insurance on workers' compensation (WC) filing for young adults by implementing a regression discontinuity design using WC medical claims data from Texas. The results suggest health insurance factors into the decision to have WC pay for discretionary care. The implied instrumental variables estimates suggest a 10 percentage point decrease in health insurance coverage increases WC bills by 15.3 percent. Despite the large impact of health insurance on the number of WC bills, the additional cost to WC at age 26 appears to be small as most of the increase comes from small bills.
Summary Of Ndoc V York Claims Serv., Inc., 131 Nev. Adv. Op. 25 (May 07, 2015),
2015
Nevada Law Journal
Summary Of Ndoc V York Claims Serv., Inc., 131 Nev. Adv. Op. 25 (May 07, 2015), Janine Lee
Nevada Supreme Court Summaries
NRS 616B.028(1) entitles “[a]ny offender confined at the state prison, while engaged in work in a prison industry or work program” to coverage under the modified program of industrial insurance adopted by the Nevada Division of Insurance. The term “work program” in NRS 616B.028(1) does not apply to individuals who are participating in a work release program.
Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games,
2015
SelectedWorks
Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell
Julian Dibbell
When does work become play, and play work? Courts have considered the question in a variety of economic contexts, from student athletes seeking recognition as employees to professional blackjack players seeking to be treated by casinos just like casual players. Here I apply the question to a relatively novel context: that of online gold farming, a gray-market industry in which wage-earning workers, largely based in China, are paid to play online fantasy games (MMOs) that reward them with virtual items their employers sell for profit to the same games’ casual players. Gold farming is clearly a job (and under the …
Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana,
2015
McGeorge School of Law at the Salzburg Institute of International Law
Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor
Georgia Journal of International & Comparative Law
No abstract provided.
Strategic Posturing And The Political Economy Of Property Rights In The Biodiversity Convention,
2015
Pacific McGeorge School of Law
Strategic Posturing And The Political Economy Of Property Rights In The Biodiversity Convention, Kojo Yelpaala
Kojo Yelpaala
Abstract
Certain patterns in history seem so stubbornly persistent as to resemble the laws of nature. One of these patterns with such enduring permanence is the role of scarcity in natural resources in the evolution of the political economy of the world and international law. It was scarcity in spices, silk, emeralds and other precious stones that inspired the evolution of exchange relations between Europe and the Far East through the famous Silk Routes. Interruptions to trade along the Silk Routes and the compounding effects of scarcity in other natural resources in Europe further inspired the age of discovery, imperialism …
Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act,
2015
The Catholic University of America, Columbus School of Law
Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act, Maureen Hughes
Catholic University Law Review
This Note summarizes the amendments made to the Black Lung Benefits Act (BLBA) following its passage in 1969 through the enactment of the 2010 Patient Protection and Affordable Care Act (PPACA). The Note also addresses the split among the circuits over the meaning of the revised language in 30 U.S.C. § 932(l) (2012), and explains the reasoning of the Third, Fourth, Sixth, and Eleventh Circuits regarding the effect of the PPACA on BLBA benefit eligibility for miners’ dependent survivors. Further, this Note explains the significance of, and necessity in, resolving the confusion over § 932(l), and …
Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear,
2015
The Catholic University of America, Columbus School of Law
Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare
Catholic University Law Review
In 1927, the United States Congress passed the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation coverage to maritime workers injured outside the purview of state workers’ compensation laws. Rigid judicial interpretation of the original Act, however, led to inequitable outcomes in the maritime industry. Workers neither on land nor on the water when injured could not claim workers’ compensation benefits under state or federal laws. The 1972 amendments to the LHWCA sought to cure this inequity. The amended Act included a situs requirement. This Comment analyzes the most important judicial interpretations of the situs requirement of …
A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System,
2015
W.E. Upjohn Institute
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.
Equitable Estoppel & Workers' Compensation Immunity: Why Litigants And The Courts Are Getting Ahead Of Themselves,
2015
Florida A&M University College of Law
Equitable Estoppel & Workers' Compensation Immunity: Why Litigants And The Courts Are Getting Ahead Of Themselves, Neil A. Ambekar
Florida A & M University Law Review
Every U.S. jurisdiction has created a separate body of law to address workplace injuries - the workers’ compensation scheme. These no-fault systems provide employees injured on the job lost wages and medical benefits. It also immunizes employers from negligence claims arising out of most workplace accidents. This article discusses a growing phenomenon in Florida’s workers’ compensation scheme, the use of estoppel to negate employer immunity. This article lays out the various theories of estoppel—primarily judicial and equitable—that may be asserted in the context of on-thejob injury litigation. This article goes on to explain why Florida courts should refrain from application …
The Expansion Of Admiralty Jurisdiction Into The Realm Of Workers’ Compensation: Newly Applying Learned Hand To Jones Act Personal Injury Claims To Incentivize Dangerous Seafaring Work And Protect Workers From The Perils Of The Sea, 48 J. Marshall L. Rev. 877 (2015), Blair Pooler
UIC Law Review
This Comment proposes a novel application of Learned Hand’s calculus of negligence to divide the protections for traditional and non-traditional maritime workers.
Trouble Behind The Great Wall: A Critical Look At Workers’ Rights In China.,
2015
St. Mary's University
Trouble Behind The Great Wall: A Critical Look At Workers’ Rights In China., Scott Walther
The Scholar: St. Mary's Law Review on Race and Social Justice
Globalization has allowed large multinational corporations to shop for low cost labor markets with little intervention by governments. These markets are attractive to multinational corporations because their labor standards and laws tend to be poorly regulated and enforced. Specifically, China’s labor class has been abused and exploited by multinational corporations because of the country’s failure to adequately enforce its labor laws. Turning a blind eye to the violations of workers’ rights in China makes these corporations just as culpable by demanding more from the local manufacturers then evading responsibility for the resulting working conditions. Because multinational corporations do business with …
Discrimination Cases Of The 2002 Term,
2014
Touro Law Center
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
Benefit Adequacy In State And Provincial Workers' Compensation Programs,
2014
W.E. Upjohn Institute
Benefit Adequacy In State And Provincial Workers' Compensation Programs, H. Allan Hunt, Marcus Dillender
H. Allan Hunt
No abstract provided.
Workers' Compensation,
2014
Mercer University School of Law
Workers' Compensation, H. Michael Bagley, J. Benson Ward
Mercer Law Review
While there was no legislation impacting the Workers' Compensation Act during the 2013-2014 survey period, the period featured notable decisions of the appellate courts involving core issues of the Act, including notice, average weekly wage, return to work, and change in condition.