Law Commons^™

State, Emp’T. Sec. Div. V. Murphy, 132 Nev. Adv. Op. 18 (Dec. 17, 2015), Michael Coggeshall

Nevada Supreme Court Summaries

The Court determined that employees who are terminated from employment for absence due to incarceration, and are later convicted of a crime, are not eligible for unemployment benefits. These employees are contrasted with those who are incarcerated, but remained incarcerated due to indigence, or were not convicted due to unsupported charges. The latter group may be eligible for unemployment benefits.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2014-2015 survey period included decisions of the appellate courts on a wide variety of issues impacting the workers' compensation system, ranging from the average weekly wage to the statutes of limitation.

Finding A Way Out Of No Man's Land: Compensating Mental-Mental Claims And Bringing West Virginia's Workers' Compensation System Into The 21st Century, Logan Burke

West Virginia Law Review

No abstract provided.

Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association

Articles

These comments respond to proposed Treasury Regulations defining terms relating to marital status in the Internal Revenue Code following the Supreme Court's decision in the Windsor and Obergefell cases. The comments applaud the Internal Revenue Service for reading gendered terms relating to marital status in a gender-neutral fashion. For a number of reasons, however, the comments recommend that the final regulations omit the proposed rule for determining an individual’s marital status and, in its place, codify the current deference to local law in determining marital status for federal tax purposes. Most importantly, the comments further recommend that the final regulations …

Professional Athletes Are "Seeing Stars": How Athletes Are "Knocked-Out" Of States' Workers' Compensation Systems, Matthew Friede

Hamline Law Review

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Diagnostic Inflation For The People, Benjamin Douglas

Benjamin Douglas

Workplace stress can cause diagnosable mental health problems, and there is every reason to grant psychologically injured workers the same benefits accorded to other injured workers. Nevertheless, numerous jurisdictions deny or restrict these benefits, using arguments that do not stand up to scrutiny. The real reason for the double standard is not rooted in science, medicine or reason, but in employers' need to preserve low expectations for workers' mental well-being, which enables greater employer control over their employees, and shifts the costs of failing mental health to the rest of society. To reclaim workers' compensation for those who are suffering …

Mensah V. Corevel Corp., 131 Nev. Adv. Op. 60 (Aug. 06, 2015), Jaymes Orr

Nevada Supreme Court Summaries

The Court held self-employed workers may still be entitled to temporary disability and the employee’s lost wages should be calculated by considering business income and losses and not strictly evidence of a traditional salary

The Reaffirmation Of Federalism As A Viable Limitation Upon The Commerce Power, Randy R. Koenders

Akron Law Review

AS THE Constitution was being formulated, Article I, Section 8, clause 3, giving Congress the power "To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes," was added because of the Framers' grave concern with the erection of trade barriers between the states, a problem which had inhibited interstate trade under the old Articles of Confederation. The federal government's regulation of commerce was meant to provide substantial equality of access to a free national market, avoiding what has been unhappily referred to as "the intolerable experience of the economic Balkanization of America

Manufacturer's Liability As A Dual Capacity Of An Employer, John D. Lambert

Akron Law Review

In recent years, a new theory of recovery for employees' injuries arising out of an employment situation has emerged where the employer's product is the proximate cause of the injury. In most situations the theory of recovery for the employee would be workmen's compensation statutes with their schedules which limit the amount the employee recovers. Recently, to avoid this inadequate measure of damages, employees' attorneys have, with increasing regularity, alleged that the injury arose out of a second or dual capacity of the employer, unrelated to and independent of the normal employer-employee obligations and duties.

Ohio Supreme Court Symposium

Akron Law Review

During the 1981-1982 term the Ohio Supreme Court rendered 250 written opinions on a wide range of topics from wiretapping to the liability of landlords for injuries. In several cases, individuals gained significant legal rights in dealing with business and others. In addition, there were some significant changes in the law governing municipal sovereignty and immunity. This symposium will not attempt to cover all decisions of the Ohio Supreme Court, but rather to highlight some of the major decisions which affect Ohioans.

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, 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, 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, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

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, 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, 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), 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, 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, 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, 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, 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, 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, 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, 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., 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 …