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Worker's Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr.

Mercer Law Review

Having experienced substantial legislative changes in 1990, the workers' compensation pendulum swung back to the appellate courts during the most recent survey period, resulting in equally far-reaching developments. The flurry of appellate decisions is notable for the efforts of Georgia's appellate courts to strike a balance between the humane purposes of the Workers' Compensation Act (the "Act") and the ever-increasing economic burdens placed upon society by both the workers' compensation system and health care in general.

The decisions concerning the parameters of suitable employment, the all-issues statute of limitations, and the exclusive remedy doctrine typify the ebb and flow of …

Book Review (Anne Tramposh's Avoiding The Cracks: A Guide To The Workers' Compensation System), Allan M. Wheatcraft

RISK: Health, Safety & Environment (1990-2002)

ANNE TRAMPOSH, AVOIDING THE CRACKS; A GUIDE TO THE WORKERS' COMPENSATION SYSTEM (Greenwood Press 1991) [216 pp.] Appendices, bibliography, glossary, index, preface. LC-90-21171; ISBN 0-275-93650-3.

Recent Developments In Workers' Compensation, Ruth C. Vance

Law Faculty Publications

No abstract provided.

Renegotiating The Bargain: An Analysis And Evaluation Of Alternatives For Revising The Exclusive Remedy Provision In Maryland's Workers' Compensation Act, Andrea Giampetro-Meyer, Ann M. Balcerzak

University of Baltimore Law Review

No abstract provided.

Worker Learning And Compensating Differentials, W. Kip Viscusi, Michael J. Moore

Vanderbilt Law School Faculty Publications

In the standard compensating wage differential model, workers value their wage and workers' compensation components based on full job risk information. Market forces generate positive wage differentials as ex ante compensation for exposure to relatively high risk. Similarly, market forces generate wage offsets for the increases in ex post risk compensation embodied in workers' compensation benefits. These predictions can be modified to take into account potential imperfections in worker information, as in Viscusi (1979a,b, 1980a,b,d), where the role of learning is incorporated into the worker's decision model. The potential for learning about risks introduces a new market response through worker …

Osha Regulation Of Low-Exposure Carcinogens: A New Approach To Judicial Analysis Of Scientific Evidence, Victor B. Flatt

Seattle University Law Review

This Article will examine the legal framework governing OSHA risk regulation, the scientific studies and evidence that the judiciary currently accepts for challenging or supporting this regulation, and the effect of this standard of judicial acceptance on OSHA regulation. This Article will then compare the present state of judicial analysis of scientific evidence with alternative analyses in order to determine the most effective means of promoting a level of worker safety regulation that creates the greatest benefit to society within the legal framework established by Congress.

Workers' Compensation And Company Sponsored Events: The High Cost Of Employee Morale, Christine L. Sommer

Cleveland State Law Review

This note explores an employer's potential liability when a worker is injured at a company sponsored event. Part two briefly outlines the history of workers' compensation law placing particular emphasis on the public policies that gave rise to implementation of the workers' compensation system. Part three analyzes workers' compensation statutes, examines the tests used to determine compensability and discusses the effect of exclusive remedy provisions on a worker's tort recovery. The last section discusses the methods used to determine whether injury sustained at a company sponsored event falls within workers' compensation statutes. It asks whether workers' compensation statutes are equipped …

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.