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Articles 1 - 26 of 26
Full-Text Articles in Law
Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth
Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth
University of Richmond Law Review
No abstract provided.
Undocumented Workers In The United States: Legal, Political, And Social Effects, Rachel Feltman
Undocumented Workers In The United States: Legal, Political, And Social Effects, Rachel Feltman
Richmond Journal of Global Law & Business
Immigration law is a hotly contested topic these days. Not only does it have important implications in numerous legal fields, including labor law and tort law, but it also has social, political, and economic effects that ripple throughout our society. Immigrants, especially those who remain undocumented, have the potential to affect the lives of people in almost every walk of life, from politicians to entrepreneurs, and even to teenagers seeking their first jobs. After analyzing the legal impact of current legislation on the field of labor law, it becomes apparent that the employment of undocumented aliens does not have the …
Workers' Compensation, Lawrence D. Tarr, Salvatore Lupica
Workers' Compensation, Lawrence D. Tarr, Salvatore Lupica
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch
Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch
University of Richmond Law Review
This article addresses recent developments in the law ofworkers' compensation, as reflected in decisions of the Supreme Court of Virginia and the Virginia Court of Appeals, and through new legislation. Areas discussed include (1) injury by accident claims; (2) occupational disease claims; (3) benefits and coverage under the Workers' Compensation Act; and (4) 1999 legislative changes affecting workers' compensation.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
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, Daniel E. Lynch
Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch
University of Richmond Law Review
This article addresses the most significant developments in the law of workers' compensation since September 1997. The areas discussed consist of the following: (1) injury by accident claims; (2) occupational disease claims; (3) benefits and coverage under the Workers' Compensation Act; (4) panels of physicians; and (5) 1998 legislative changes affecting workers' compensation. Emphasis has been placed on the most important developments in this area of law with respect to decisions of the Supreme Court of Virginia and the Virginia Court of Appeals, as well as new legislation.
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, Daniel E. Lynch
Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch
University of Richmond Law Review
There have been significant developments in the law of workers' compensation since 1995, when the Annual Survey of Virginia Law last included this topic. The past two years have seen many changes in Virginia workers' compensation through legislation by the General Assembly and by Virginia appellate court decisions. This article focuses on some of the most significant developments with respect to (I) occupational disease claims, (II) injury by accident claims, (III) benefits and coverage under the Workers' Compensation Act, (IV) third party claims, (V) the termination of wage benefits, and (VI) new legislation affecting workers' compensation.
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.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt
Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt
University of Richmond Law Review
The Virginia Workers' Compensation Act denies wage loss benefits to partially disabled employees who unjustifiably reject employment procured by their employer which is within their remaining work capacity. Section 65.2-510 of the Virginia Code provides that "[i]f an injured employee refuses employment procured for him suitable to his capacity, he shall only be entitled to the benefits provided for in section 65.2-603 during the continuance of such refusal, unless in the opinion of the Commission such refusal was justified." Essentially, unjustified refusal of selective employment within the employee's work capacity results in a suspension in wage loss benefits until the …
Kroger Co. V. Morris: The Diminution Of Hearing Officers, Cullen D. Seltzer
Kroger Co. V. Morris: The Diminution Of Hearing Officers, Cullen D. Seltzer
University of Richmond Law Review
In Kroger Co. v. Morris the Court of Appeals of Virginia reached two contradictory conclusions. On one hand the court held that the Virginia Workers' Compensation Commission could overrule a deputy commissioner's fact findings based solely on evidence contained in the record below. On the other hand, the court concluded that it was itself unable to make such fact findings based solely on the record.
The Credibility Distinction In Kroger Co. V. Morris, Nicole Rovner Beyer
The Credibility Distinction In Kroger Co. V. Morris, Nicole Rovner Beyer
University of Richmond Law Review
The opinion issued by the court of appeals in Kroger Co. v. Morris was both short and, in light of precedent, predictable. The practical consequences of the reasoning used by the court in this and similar cases, however, may be much less predictable than is desirable. The case concerned a Virginia Worker's Compensation Commission decision that contained a finding regarding the credibility of a witness which contradicted the finding of the deputy commissioner who presided at the hearing. The court of appeals held that it is permissible for the worker's Compensation Commission to make a credibility finding which differs from …
Annual Survey Of Virginia Law: Workers' Compensation, Mary G. Commander
Annual Survey Of Virginia Law: Workers' Compensation, Mary G. Commander
University of Richmond Law Review
This article reintroduces workers' compensation as a topic given periodic treatment in the Annual Survey of Virginia Law. Prior to the creation of the Virginia Court of Appeals, effective January 1, 1985, the law of workers' compensation had become static and predictable; accordingly, other areas were given priority in the Survey. This article covers selected significant developments in the law since 1985.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Employer Intentional Torts In Virginia: Proposal For An Exception To The Exclusive Workers' Compensation Remedy, Jodi Parrish Power
Employer Intentional Torts In Virginia: Proposal For An Exception To The Exclusive Workers' Compensation Remedy, Jodi Parrish Power
University of Richmond Law Review
Workers' compensation is a no-fault system of recovery implemented by statute in every state. Originating in the nature of a compromise, the workers' compensation system is the exclusive remedy between the employee and employer. The majority of states, however, recognize an exception to this exclusivity provision where an employer's actions constitute an intentional tort. Virginia has yet to recognize such an exception by statute or judicial action.
Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney
Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney
University of Richmond Law Review
The recent explosion of medical malpractice litigation has heralded the era of defensive medicine. Health-care professionals at all levels of the industry have been forced to evaluate both the lawsuit potential as well as the life sustaining potential of every act and treatment.' Since 1981, however, the threat of Acquired Immunodeficiency Syndrome (AIDS) has added a third, more threatening, perspective to the way health-care workers must view their actions. The average doctor or nurse must balance not only the medical and legal significance of every action, but must also consider whether an action might result in exposure to AIDS.
Recent Developments In Virginia Workers' Compensation And Other Employment Laws, Janice R. Moore
Recent Developments In Virginia Workers' Compensation And Other Employment Laws, Janice R. Moore
University of Richmond Law Review
This survey covers Virginia court decisions affecting the employment relation directly or indirectly, including the Virginia Supreme Court, the Virginia Court of Appeals, and published decisions of various circuit courts. Because this subject area has not been included in earlier surveys of Virginia law, this survey covers the years 1985 and 1986. During this time, Virginia courts have interpreted the rights and duties of employers and employees under the workers' compensation and unemployment compensation statutes; they have examined the remedies available under Virginia law for allegedly tortious conduct in the context of a labor dispute; they have reexamined the employment-at-will …
Section 65.1-7 Of The Virginia Workers' Compensation Act: Do Recent Virginia Supreme Court Decisions Leave The Claimant In No-Man's Land?, P. Fritz Kling
Section 65.1-7 Of The Virginia Workers' Compensation Act: Do Recent Virginia Supreme Court Decisions Leave The Claimant In No-Man's Land?, P. Fritz Kling
University of Richmond Law Review
The Virginia Workers' Compensation Act provides compensation for employees injured by accident or as a result of occupational disease. An employee who claims an "injury by accident" need not show negligence or fault on the employer's part, but only that the injury was caused by an accident "arising out of and in the course of the employment."
Workers' Compensation For Disease In Virginia: The Exception Swallows The Rule, Elizabeth V. Scott
Workers' Compensation For Disease In Virginia: The Exception Swallows The Rule, Elizabeth V. Scott
University of Richmond Law Review
In the last fifteen years, "occupational disease" has become a household word. Thanks to "Sixty Minutes" and Ralph Nader, most Americans have been made aware of the hazards of coal dust, kepone, and vinyl chloride in the workplace. Numerous books have chronicled the plight of affected workers. A specialty in occupational medicine is now offered for physicians, who before had little or no training in recognizing work-related disease. In spite of this increased awareness, most occupational diseases still go unrecog- nized, both by physicians and by the legal system.
Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian
Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian
University of Richmond Law Review
Although sexual harrassment was once a topic discussed so rarely as to be almost taboo, it now is subject to much analysis. Books and articles in magazines and professional journals have helped define the parameters of the problem, treating it both as a sociological phenomenon and as a legal issue. Articles discussing the legal aspects of sexual harassment tend to concentrate exclusively on the arsenal of litigation weapons available to a potential plaintiff, despite the fact that the vast majority of women who experience harassment will choose not to sue, and those who do will often wait years before they …
The Ordinary Disease Exclusion In Virginia's Workers' Compensation Act: Where Is It Going After Ashland Oil Co. V. Bean?, Teri Scott Lovelace
The Ordinary Disease Exclusion In Virginia's Workers' Compensation Act: Where Is It Going After Ashland Oil Co. V. Bean?, Teri Scott Lovelace
University of Richmond Law Review
Recoverable claims under the Virginia Workers Compensation Act are divided into two categories: injuries by accident and injuries from occupational diseases. Occupational disease coverage has undergone significant expansion in the past decade. Faced with society's demand and its own desire to expand, the Industrial Commission has gradually broadened its interpretation of the Act. The expansion of occupational disease coverage has, however, been significantly hindered by the statutory compensation exclusion for ordinary diseases. Uncertain as to the full effect of this exclusion, the Commission has fluctuated between granting and denying awards for ordinary diseases. The Commission's conflicting treatment of ordinary diseases …
Recovery For Accidental Injuries Under The Virginia Workmen's Compensation Act, Douglas E. Ray, R. Craig Evans, Jay H. Steele
Recovery For Accidental Injuries Under The Virginia Workmen's Compensation Act, Douglas E. Ray, R. Craig Evans, Jay H. Steele
University of Richmond Law Review
The Virginia Workmen's Compensation Act, first enacted in 1918, generally provides for case benefits and medical care to individuals injured in employment-related accidents. While the Act is neither tort law nor social insurance, it contains elements of both. As social legislation, the Act plays an important role in protecting citizens from loss of wages and provides an important supplement to protection available from the federal Old Age, Survivors' Disability and Health Insurance Program, unemployment compensation and private health and accident insurance plans. In 1979, more than 43,000 Virginia employees filed claims under the Act. Unlike other social insurance programs, however, …
Workmen's Compensation: Third Party Action Against A Virginia Employer In Tort
Workmen's Compensation: Third Party Action Against A Virginia Employer In Tort
University of Richmond Law Review
The purpose of the Virginia Workmen's Compensation Act is to provide compensation to an employee disabled by an accident arising out of and in the course of his employment. Under the Act, both the employer and employee gain and lose certain advantages. In exchange for his tort cause of action, the employee gets the benefit of certain recovery without the expense and delay normally attached to personal injury actions. The employer is no longer liable in a negligence action with its prospect of a sizeable jury award, but he loses the benefit of the fellow-servant rule and the defense of …
Occupational Diseases Under Workmen's Compensation Laws, Arthur Larson
Occupational Diseases Under Workmen's Compensation Laws, Arthur Larson
University of Richmond Law Review
The earliest workmen's compensation statutes in this country typically provided compensation only for industrial accidents. Coverage for occupational diseases developed slowly. There have been various reasons for this lag. One was the opinion in some jurisdictions that, while accidental injuries were known to the common law and could be made the subject of an action for damages, the concept of occupational diseases was a stranger to the lexicon of the precompensation-era common law. To the extent that workmen's compensation acts substituted nonfault liability for the kind of injuries that were potential subjects of fault liability, there was thought to be …