Law Commons^™

Worker's Compensation Corner - Summary Termination Of Benefits: An Analysis Of The Baksalary Case, Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Attempting To Find Some Common Ground For Illegal Aliens, And The Board's Ability To Award Back Pay: Hoffman Plastic Compounds, Inc. V. Nlrb , Stephen M. Hernandez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Two Roads Diverge For Civil Recourse Theory, Christopher J. Robinette

Indiana Law Journal

American Association of Law Schools Torts & Compensation Systems Panel

Beyond Idle Connections: Aoe/Coe - Pervasive Concepts In Worker's Compensation, Fred J. Knez

Pepperdine Law Review

No abstract provided.

Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii

Pepperdine Law Review

No abstract provided.

Workers’ Compensation And The Right To Interstate Travel – Schatz V Interfaith Care Centre, Mel Cousins

Mel Cousins

In Schatz, the Minnesota supreme court considered the interesting question of the right to interstate travel as it affects workers’ compensation. While we know that durational residence requirements for welfare benefits and medical care are likely to be found to be unconstitutional, the US courts have to date not greatly explored where other conditions of social security, workers compensation or welfare schemes may impinge on the right to interstate travel. In order to set the groundwork, Part 1 of this note sets out the Supreme Court’s decisions concerning benefits and the right to travel, focusing on the aspects of most …

New York State's 2007 Worker's Compensation Reform: Success Or Failure?, Mary L. D'Agostino

Mary L D'Agostino

No abstract provided.

Brass Rings And Red-Headed Stepchildren: Protecting Active Criminal Informants, Michael L. Rich

Michael L Rich

Informants are valued law enforcement tools, and active criminal informants – criminals who maintain their illicit connections and feed evidence to the police in exchange for leniency – are the most prized of all. Yet society does little to protect active criminal informants from the substantial risks inherent in their recruitment and cooperation. As I have explored elsewhere, society’s apathy toward these informants is a result of distaste with their disloyalty and a concern that protecting them will undermine law enforcement effectiveness. This Article takes a different tack, however, building on existing scholarship on vulnerability and paternalism to argue that …

Ocips In The Future Of The Insurance Industry: Legal And Regulatory Considerations, Chad G. Marzen

University of Miami Business Law Review

No abstract provided.

Getting Nowhere: Florida's Failed Choice Of Law Approach To Torts And A Proposal For Change, Shirley A. Wiegand

Florida A & M University Law Review

No abstract provided.

How Exclusive Is The Workers' Compensation Exclusive Remedy? 2010 Amendments To Oklahoma Workers' Compensation Statute Shoot Down Parret, Matthew K. Brown

Oklahoma Law Review

No abstract provided.

Independent Contractors, Employees, Andentrepreneurialism Under The Nationallabor Relations Act: A Worker-By-Worker Approach, Micah Prieb Stoltzfus Jost

Washington and Lee Law Review

No abstract provided.

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

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

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

Golden Gate University Law Review

No abstract provided.

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

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Toxicogenomics And Workers' Compensation: A Reworking Of The "Bargain"?, Joan E. Flaherty

Journal of Health Care Law and Policy

No abstract provided.

Unsafe Workplace, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory

West Virginia Law Review

No abstract provided.

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

Faculty Scholarship

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, …

Sports Medicine Conflicts: Team Physicians Vs. Athlete-Patients, Steve P. Calandrillo

Articles

Team physicians for professional sports franchises face a conflict of interest created by the competing loyalties they owe to the team that employs them and to the athlete-patient they must treat. Marketing agreements under which physicians pay significant sums of money to be designated as the team's "official healthcare provider" exacerbate this conflict. These marketing arrangements call into question the independent judgment of team physicians and cause players to question the quality of care they receive.

This paper explores several solutions to the growing conflicts between athletes and team doctors with the goal of enhancing players' trust in the medical …

The Remote Site Doctrine In Alaska, Joseph A. Kalamarides

Alaska Law Review

No abstract provided.

Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs

University of Richmond Law Review

No abstract provided.

Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Malignant Indifference: The Wages Of Contemporary Child Labor In The United States, Seymour Moskowitz

Oklahoma Law Review

No abstract provided.

Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey

Indiana Law Journal

No abstract provided.

Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey

Journal Articles

In the face of rising economic inequality and shrinking welfare protections, some scholars recently have revived interest in T.H. Marshall's theory of "social citizenship." That theory places economic rights alongside political and civil rights as fundamental to public well-being. But this social citizenship ideal stands against the prevailing neoliberal ("free market") ideology, which asserts that state abstention from economic protection generates societal well-being. Using the examples of AFDC and workers' compensation in the 1990s, I analyze how arguments about economic efficiency have worked to characterize social welfare programs as producers of public vice rather than public virtue. A close examination …

The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy

Faculty Articles and Other Publications

This Article addresses some of the issues that arise when an employee injured at work qualifies for leave under the ADA, the FMLA and workers' compensation statutes. Part II of the Article provides a brief overview of these
three statutory schemes, focusing on the provisions, which define employee and employer qualification and the rights and responsibilities surrounding leave due to a work-related injury. Part III examines how the courts have resolved some of the overlapping and conflicting provisions contained in these statutes. This section particularly focuses on how the courts address employer obligations under all three statutes when an employee …

Have Another Round On Me: Missouri Court Awards Workers' Compensation Benefits To Intoxicated Employees, Kimberly D. Sandner

Missouri Law Review

This Note examines the broadened application of Missouri’s workers’ compensation statute under Smith v. District II A & B, in which the Missouri Court of Appeals awarded workers’ compensation benefits to a worker injured when he drove from a work function while intoxicated. By awarding workers’ compensation benefits to cover illegal conduct such as illegally driving while intoxicated, Missouri courts are violating legislative intent, violating the historical purpose of workers’ compensation, and potentially hurting the society the legislature sought to unburden when it created a compensation scheme for injured workers.