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Articles 1 - 19 of 19
Full-Text Articles in Law
Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr., Phillip Comer Griffeth
Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr., Phillip Comer Griffeth
Mercer Law Review
This survey period again saw the introduction of a package of amendments to the Workers' Compensation Act (the "Act") steered through the legislative process by the Chairman of the State Board of Workers' Compensation (the "State Board") and his advisory committee. Though not as dramatic as in past years, subtle changes could have significant impact. The bulk of the amendments arose out of the Board's increasing concern about fraud and abuse in the state's workers' compensation system. Meanwhile, the state's appellate courts continued to tackle the complex issues surrounding compensability of heart attack and psychological injury claims. For the most …
Workers' Compensation And Injury Duration: Evidence From A Natural Experiment, W. Kip Viscusi, Bruce D. Meyer, David L. Durbin
Workers' Compensation And Injury Duration: Evidence From A Natural Experiment, W. Kip Viscusi, Bruce D. Meyer, David L. Durbin
Vanderbilt Law School Faculty Publications
This paper examines the effect of workers' compensation on time out of work. It introduces a "natural experiment" approach of comparing individuals injured before and after increases in the maximum weekly benefit amount. The increases examined in Kentucky and Michigan raised the benefit amount for high-earnings individuals by approximately 50 percent, while low-earnings individuals, who were unaffected by the benefit maximum, did not experience a change in their incentives. Time out of work increased for those eligible for the higher benefits and remained unchanged for those whose benefits were constant. The estimated duration elasticities are clustered around 0.3-0.4.
The Employer's/Insurance Carrier's Right To Subrogation Under The Georgia Workers' Compensation Act (O.C.G.A. Section 34-9- 11.1): How Long Will It Last?, Gregory T. Talley
The Employer's/Insurance Carrier's Right To Subrogation Under The Georgia Workers' Compensation Act (O.C.G.A. Section 34-9- 11.1): How Long Will It Last?, Gregory T. Talley
Mercer Law Review
Workers' Compensation laws require an employer to pay workers' compensation benefits to any covered employee injured within the scope of employment regardless of fault. This obligation is unaffected by the fact that the injury requiring the employer to pay benefits is often caused by the negligence of a third party unrelated to the employment relationship. For this reason, most Workers' Compensation Acts provide the innocent employer or insurance carrier a right of subrogation against the recovery from any responsible third party tortfeasor to the extent of benefits paid to the injured employee. This type of reimbursement scheme prevents double recovery …
University Of Baltimore Law Forum Volume 25 Number 3 (Spring 1995) Front Matter
University Of Baltimore Law Forum Volume 25 Number 3 (Spring 1995) Front Matter
University of Baltimore Law Forum
No abstract provided.
Evolution In Workers' Compensation Rehabilitation: A Comparative Study Of Professional Attitudes, Chuck Smolkin, Griscelda Massie, Tish Smith, Carole Stolte, Karen Van Dyk
Evolution In Workers' Compensation Rehabilitation: A Comparative Study Of Professional Attitudes, Chuck Smolkin, Griscelda Massie, Tish Smith, Carole Stolte, Karen Van Dyk
University of Baltimore Law Forum
No abstract provided.
Survey Of Recent Decisions In The Law Of Workers' Compensation
Survey Of Recent Decisions In The Law Of Workers' Compensation
University of Baltimore Law Forum
No abstract provided.
Primary Issues In Compensation Litigation, Commissioner J. Randolph Ward
Primary Issues In Compensation Litigation, Commissioner J. Randolph Ward
Campbell Law Review
This Article seeks to aid the practicing attorney with hearing preparation and research by identifying fundamental issuesthose matters that should be stipulated, or will be litigated, in virtually every workers' compensation case-and the grounds on which they are most commonly controverted. Recent amendments to the operative statutes are noted.
The Fairness Requirement For A Workers' Compensation Agreement - The Effect Of Vernon V. Steven L. Mabe Builders, Isabel E. Loytty
The Fairness Requirement For A Workers' Compensation Agreement - The Effect Of Vernon V. Steven L. Mabe Builders, Isabel E. Loytty
Campbell Law Review
This Note provides a history of North Carolina courts' treatment of voluntary settlement agreements prior to Vernon v. Steven L. Mabe Builders. Next, this Note examines the ruling in Vernon, as well as the court's reasoning. The Note then reviews the relevant provisions of the Workers' Compensation Reform Act of 1994 passed by the General Assembly in July, 1994. Finally, the Note addresses the ramifications of the Vernon decision and concludes with a discussion of the decision's effects and the questions it raises.
Update On Occupational Stress Disorders, Daniel J. Freedenburg M.D.
Update On Occupational Stress Disorders, Daniel J. Freedenburg M.D.
University of Baltimore Law Forum
No abstract provided.
Commentary: Does The Workers' Compensation System Of Maryland Favor The Injured Worker?: No, Ronald J. Levasseur
Commentary: Does The Workers' Compensation System Of Maryland Favor The Injured Worker?: No, Ronald J. Levasseur
University of Baltimore Law Forum
No abstract provided.
The Substantial Certainty Exception To Workers' Compensation, Michael Doran
The Substantial Certainty Exception To Workers' Compensation, Michael Doran
Campbell Law Review
This Article attempts to point toward the correct definition and application of the substantial certainty liability standard, recognizing its foundation in the Woodson and Barrino decisions. This Article also will point out the apparent misapplications of the standard in decisions handed down after Woodson. Finally, in light of the North Carolina Supreme Court's per curiam decision in Owens v. W.K Deal Printing, Inc., which appears to illustrate the court's disapproval of the definition and application of substantial certainty contained in decisions from other courts, this Article will attempt to forecast the direction of future decisions involving this theory of civil …
Mediation Of Industrial Commission Cases, Lex K. Larson
Mediation Of Industrial Commission Cases, Lex K. Larson
Campbell Law Review
This Article describes the North Carolina system of mediating Industrial Commission cases and discusses some of the important issues that are being faced. Where appropriate, North Carolina's system is placed in the context of what other states are doing.
The Meaning Of "Arising Out Of" Employment In Illinois Workers Compensation Law, 29 J. Marshall L. Rev. 153 (1995), John Dwight Ingram
The Meaning Of "Arising Out Of" Employment In Illinois Workers Compensation Law, 29 J. Marshall L. Rev. 153 (1995), John Dwight Ingram
UIC Law Review
No abstract provided.
Causes Of Litigation In Workers' Compensation Programs, Evangelos Mariou Falaris, Charles R. Link, Michael E. Staten
Causes Of Litigation In Workers' Compensation Programs, Evangelos Mariou Falaris, Charles R. Link, Michael E. Staten
Upjohn Press
By applying econometric analyses to case data from two states, Falaris, Link and Staten identify the economic incentives influencing the probability of litigation in workers' compensation cases, and the probability that a contested case is pursued to verdict.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Workers' Compensation, Wood W. Lay, Bruin S. Richardson Iii
Annual Survey Of Virginia Law: Workers' Compensation, Wood W. Lay, Bruin S. Richardson Iii
University of Richmond Law Review
The Annual Survey last addressed Virginia Workers' Compensation law in 1992. The Virginia Workers' Compensation Commission [the Commission] decides almost 1500 decisions a year and, on average, 300 of these are appealed to the Court of Appeals of Virginia. Consequently, this article discusses only the most significant developments in workers' compensation between January 1993 and June 1995. In doing so, the article attempts to highlight areas of controversy and inconsistency.
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Seattle University Law Review
Most workers' compensation schemes are designed to provide a swift and sure source of benefits to injured workers by placing on employers the risks and burdens of modern industry. In keeping with this policy, Washington's Industrial Insurance Act2 (IIA) requires injured workers to relinquish the right to sue at common law for damages sustained on the job, and it requires employers to accept liability for a measure of damages set out by the statute. However, if a worker's injuries are caused by the negligence of a third person who is not in the worker's same employ, the IIA's third-party provision …
Stress Claims Under The Workers' Compensation Act Of Maryland, Lauren A. Sfekas
Stress Claims Under The Workers' Compensation Act Of Maryland, Lauren A. Sfekas
University of Baltimore Law Forum
No abstract provided.
Commentary: Does The Workers' Compensation System Of Maryland Favor The Injured Worker?: Yes, William R. Levasseur
Commentary: Does The Workers' Compensation System Of Maryland Favor The Injured Worker?: Yes, William R. Levasseur
University of Baltimore Law Forum
No abstract provided.