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Articles 1 - 7 of 7
Full-Text Articles in Workers' Compensation Law
Broken Bodies And Broken Dreams: How Social Safety Net Programs Subsidize Professional Boxing And The Need To Improve Legal And Health Protections For Prizefighters, Robert I. Correales
Broken Bodies And Broken Dreams: How Social Safety Net Programs Subsidize Professional Boxing And The Need To Improve Legal And Health Protections For Prizefighters, Robert I. Correales
Scholarly Works
This article explores the lack of basic health and insurance protections for professional boxing participants and proposes changes in policy that will reflect the dangerous nature of professional boxing and the modem cost of medical services. Recognizing that a legislative remedy may never arrive, this article also examines previously unexplored or underutilized legal doctrines such as tort and workers' compensation law that may provide an alternative to inadequate insurance protection, and suggests a more aggressive approach along those lines to compel fuller protection for prizefighters.
Civil Rights And Related Decisions, Eileen Kaufman
Civil Rights And Related Decisions, Eileen Kaufman
Scholarly Works
This article analyzes two cases from the October 2006 Supreme Court Term, Ledbetter v. Goodyear Tire & Rubber Co. and Gonzales v. Carhart. The cases have much in common, even though Ledbetter concerns pay disparity claims based on gender and Gonzales concerns second trimester abortions. Both are five-four decisions which demonstrate how profoundly the appointment of Justice Samuel Alito to occupy Justice Sandra Day O'Connor's seat has affected the balance of power on the Court. The net result of this shift has been a devastating setback for women's rights. Both decisions prompted Justice Ruth Bader Ginsburg to uncharacteristically read aloud …
Report Of The Governor's Workers' Compensation Review Commission, Thomas A. Eaton, David B. Mustard
Report Of The Governor's Workers' Compensation Review Commission, Thomas A. Eaton, David B. Mustard
Scholarly Works
The editors of the Georgia Law Review asked me to write this Foreword to explain why a government report of this nature should be published in an academic journal. I write solely in my capacity as a law professor--not as Chair of the Governor's Workers' Compensation Review Commission. My case, simply put, is that the Report illustrates how service and scholarship can go hand in hand.
Did Hoffman Plastic Compounds, Inc. Produce Disposable Workers?, Robert I. Correales
Did Hoffman Plastic Compounds, Inc. Produce Disposable Workers?, Robert I. Correales
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On March 27, 2002, The United State Supreme Court ruled in Hoffman Plastic Compounds v. N.L.R.B. that, although undocumented workers are “employees” within the meaning of the National Labor Relations Act (NLRA), they cannot be answered backpay remedies, even if discharged in violation of the Act. The Hoffman decision represents a retrenchment from a trend in which virtually all jurisdictions that had considered the issue found in favor of the workers. The principal rationale in support of these remedies for undocumented workers had been that such awards are not only remedial but also serve important deterrent functions that protect the …
Workers’ Compensation And Vocational Rehabilitation Benefits For Undocumented Workers: Reconciling The Purported Conflicts Between State Law, Federal Immigration Law, And Equal Protection To Prevent The Creation Of A Disposable Workforce, Robert I. Correales
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This Article argues that sound public policy supports states providing vocational rehabilitation services to undocumented workers who have been injured in work-related accidents. Part I of the Article provides context by analyzing some of the complexities of undocumented immigrants’ lives in the United States. Part II discusses the history and economics of vocational rehabilitation programs established by workers’ compensation systems. Part III discusses ways in which immigration law and enforcement contribute to the formation of this shadow population. Part IV analyzes purported conflicts between vocational rehabilitation programs and the Immigration Reform Control Act of 1986 as they arose in Tarango …
Revisiting The Intersection Of Workers' Compensation And Product Liability: An Assessment Of A Proposed Federal Solution To An Old Problem, Thomas A. Eaton
Revisiting The Intersection Of Workers' Compensation And Product Liability: An Assessment Of A Proposed Federal Solution To An Old Problem, Thomas A. Eaton
Scholarly Works
This article addresses a less publicized, but potentially far reaching provision of the Product Liability Legal Reform Act of 1996: the provision pertaining to the intersection of product liability and workers' compensation. The prototypical case is one in which an employee is injured on the job and the injury is caused, at least in part, by a defective product. In many instances, the employer may also be at fault. This scenario potentially calls into play both the product liability and the workers' compensation systems, raising certain relevant questions. Can the employee secure compensation benefits from the employer and tort damages …
Workers' Compensation In Georgia Municipal Law, R. Perry Sentell Jr.
Workers' Compensation In Georgia Municipal Law, R. Perry Sentell Jr.
Scholarly Works
For the last sixty years, workers' compensation has constituted a distinct subject of administration in Georgia municipal government and, consequently, a distinct subject of controversy in Georgia municipal law. Of course, many of the problems, issues, and solutions ar ethe same, whether the covered employment be municipal or private in nature. Still, municipal law possesses its own quagmires, quandaries, and conundrums; some of those peculiarities can yield unique questions regarding workers' compensation. Whether general or unique, the appellate courts have rendered a number of decisions on the subject, and those decisions make for yet another compact chapter in Georgia municipal …