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Workers' Compensation Law Commons

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Full-Text Articles in Workers' Compensation Law

The Constitutional Conundrum Of Black Lung Appeals: Two Proposed Solutions, Pete S. Michaels Oct 1989

The Constitutional Conundrum Of Black Lung Appeals: Two Proposed Solutions, Pete S. Michaels

University of Michigan Journal of Law Reform

Part I of this Article explains the statutory requirements that a black lung benefits claimant must meet and how these claimants' failure to meet statutory prerequisites results in the dismissal of their claims. Part II argues that the current procedures are inadequate to protect the rights of black lung benefits claimants. Dismissal of their claims violates the petitioners' rights to due process of law and pro se representation. Part III proposes two solutions to the crisis. The first proposal is simply a form that would be distributed to all claimants explaining the procedures they must follow to avoid dismissal. Part …


Stapleton V. Westmoreland Coal Company: Toward Making The Interim Presumption Irrebuttable, Michael D. Weikle Apr 1987

Stapleton V. Westmoreland Coal Company: Toward Making The Interim Presumption Irrebuttable, Michael D. Weikle

West Virginia Law Review

No abstract provided.


The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins Jun 1978

The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins

West Virginia Law Review

On February 15, 1978, Congress enacted the Black Lung Benefits Reform Act of 1977. The passage of this legislation followed months of congressional indecision over just how the existing black lung benefits system could be reformed. During this period, the financing of the program appeared to be the most divisive issue. That issue was finally resolved by the enactment in late January of the Black Lung Benefits Revenue Act of 1977. After this hurdle was cleared, the conference committee report on the reform act easily passed both houses.' The Act, which amended the Federal Coal Mine Health and Safety Act …


Workmen's Compensation--Silicosis--Application For Benefits, C. F. S. Jr. Jun 1953

Workmen's Compensation--Silicosis--Application For Benefits, C. F. S. Jr.

West Virginia Law Review

No abstract provided.


Workmen's Compensation Act--Time Of Accrual Of Liability--Silicosis--Meaning Of "In The Same Employment", D. D. J. Jr. Jun 1942

Workmen's Compensation Act--Time Of Accrual Of Liability--Silicosis--Meaning Of "In The Same Employment", D. D. J. Jr.

West Virginia Law Review

No abstract provided.


Workmen's Compensation--Risks Covered--Shock And Exhaustion From Being Lost In Coal Mine, John L. Detch Apr 1935

Workmen's Compensation--Risks Covered--Shock And Exhaustion From Being Lost In Coal Mine, John L. Detch

West Virginia Law Review

No abstract provided.