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Full-Text Articles in Law

Fool Me Once, Shame On Me; Fool Me Again And You’Re Gonna Pay For It: An Analysis Of Medicare’S New Reporting Requirements For Primary Payers And The Stiff Penalties Associated With Noncompliance, Monica A. Stahly Nov 2010

Fool Me Once, Shame On Me; Fool Me Again And You’Re Gonna Pay For It: An Analysis Of Medicare’S New Reporting Requirements For Primary Payers And The Stiff Penalties Associated With Noncompliance, Monica A. Stahly

Law Student Publications

This article discusses the new requirements and the issues that currently face insurers, claimants, and attorneys in cases involving Medicare-eligible beneficiaries.


Worker's Compensation - Stevens V. Director, Office Of Workers' Compensation Programs: Workers' Compensation - When Does A Total Disability Become Partial?, Carol A. Farmer Sep 2010

Worker's Compensation - Stevens V. Director, Office Of Workers' Compensation Programs: Workers' Compensation - When Does A Total Disability Become Partial?, Carol A. Farmer

Golden Gate University Law Review

In Stevens v. Director, Office of Workers' Compensation Programs, the Ninth Circuit held that an employee's disability that was total does not become partial for purposes of compensation until suitable alternative employment is available to the employee. Interpreting the Longshore and Harbor Workers' Compensation Act (LHWCA), the court answered an issue not previously decided: when does a total disability become partial?


Admiralty Law - Coloma V. Director, Office Of Workers' Compensation Programs: The Battle Over Maritime "Status" Continues, Jill Bennett Sep 2010

Admiralty Law - Coloma V. Director, Office Of Workers' Compensation Programs: The Battle Over Maritime "Status" Continues, Jill Bennett

Golden Gate University Law Review

In Coloma u. Director, Office of Workers' Compensation Programs the Ninth Circuit considered whether a cook who worked in a dining facility located on a longwharf was a "maritime employee" and therefore eligible to qualify for benefits under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA). The Ninth Circuit held that because the cook's duties did not involve loading or unloading a vessel, he was not a "maritime employee" and was ineligible for workers' compensation benefits under the LHWCA.


Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery Aug 2010

Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery

Golden Gate University Law Review

No abstract provided.


The Death Of Causation: Mass Products Torts' Incomplete Incorporation Of Social Welfare Principles, Donald G. Gifford Jul 2010

The Death Of Causation: Mass Products Torts' Incomplete Incorporation Of Social Welfare Principles, Donald G. Gifford

Donald G Gifford

Legal actions against the manufacturers of disease-causing products, such as cigarettes and asbestos insulation, have redefined the landscape of tort liability during the past generation. These actions bedevil courts, because any particular victim often is unable to identify the manufacturer whose product caused her harm. Increasingly, but inconsistently, courts allow victims to recover without proof of individualized causation. This article argues that instrumental approaches seek to turn mass products tort law into the equivalent of a social welfare program, not unlike workers’ compensation or Social Security. As with any such program, the accident compensation system must include compensation entitlement boundaries, …


Breathing Easier: Equal Protection And Workers' Compensation For Coal Workers' Pneumoconiosis In Durham V. Peabody Coal Company, Matthew C. Cocanougher Jan 2010

Breathing Easier: Equal Protection And Workers' Compensation For Coal Workers' Pneumoconiosis In Durham V. Peabody Coal Company, Matthew C. Cocanougher

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.