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Articles 1 - 21 of 21
Full-Text Articles in Workers' Compensation Law
Workers' Compensation: Wage Effects, Benefit Inadequacies, And The Value Of Health Losses, W. Kip Viscusi, Michael J. Moore
Workers' Compensation: Wage Effects, Benefit Inadequacies, And The Value Of Health Losses, W. Kip Viscusi, Michael J. Moore
Vanderbilt Law School Faculty Publications
Using the 1977 Quality of Employment Survey in conjunction with BLS risk series and state workers' compensation benefit formulas, the authors assess the labor market implications of workers' compensation. Higher levels of workers' compensation benefits reduce wage levels, and controlling for workers' compensation raises estimates of compensating differentials for risk. The rate of trade-off between wages and workers' compensation suggests that benefit levels provide suboptimal levels of income insurance, abstracting from moral hazard considerations. The value of non-monetary losses from job injuries (including pain and suffering and non-work disability) is estimated to be $17,000-$26,000.
Stapleton V. Westmoreland Coal Company: Toward Making The Interim Presumption Irrebuttable, Michael D. Weikle
Stapleton V. Westmoreland Coal Company: Toward Making The Interim Presumption Irrebuttable, Michael D. Weikle
West Virginia Law Review
No abstract provided.
Limitations On Workers Bringing Third Party Actions Under Section 58 Of The Workers' Compensation Act, Matthew I. Lynn
Limitations On Workers Bringing Third Party Actions Under Section 58 Of The Workers' Compensation Act, Matthew I. Lynn
University of Baltimore Law Forum
No abstract provided.
Recent Developments: The May Dep't Stores Company V. Harryman: "Business Premises" Under Workmen's Compensation Extended, Margaret E. Swain
Recent Developments: The May Dep't Stores Company V. Harryman: "Business Premises" Under Workmen's Compensation Extended, Margaret E. Swain
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Mcdaniels V. District Of Columbia Dep't Of Employment Servs.: The D.C. Court Of Appeals Holds That Workers' Compensation Claimants Are Entitled To The Lesser Of 66%% Of Average Weekly Wages Or 80% Of Spendable Earnings, Avery B. Berdit
University of Baltimore Law Forum
No abstract provided.
Maryland's Workers' Compensation System Out Of Control, Martha S. Klima
Maryland's Workers' Compensation System Out Of Control, Martha S. Klima
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Staley V. Board Of Education Of Washington County: Attorney's Fees Allowed Even Though Amount Paid In Workers' Compensation Claim Exceeded Total Sum Due Under A Modified Award, Christopher Hale
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Dade County School Board V. Polite: Florida Accepts The Premises Exception To The Going And Coming Rule For Workers' Compensation Benefits, Robert Lorenzo Kline Iii
Recent Developments: Dade County School Board V. Polite: Florida Accepts The Premises Exception To The Going And Coming Rule For Workers' Compensation Benefits, Robert Lorenzo Kline Iii
University of Baltimore Law Forum
No abstract provided.
American Workers' Compensation - After The Crossroads, Donald T. Decarlo
American Workers' Compensation - After The Crossroads, Donald T. Decarlo
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Montgomery County V. Lake: Employer Not Allowed To Offset Overpayment Of Workers' Compensation Benefits, J. Russell Fentress Iv
Recent Developments: Montgomery County V. Lake: Employer Not Allowed To Offset Overpayment Of Workers' Compensation Benefits, J. Russell Fentress Iv
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Crawley V. General Motors: Dispensing With Disability In Occupational Deafness Claims, Randolph C. Baker
Recent Developments: Crawley V. General Motors: Dispensing With Disability In Occupational Deafness Claims, Randolph C. Baker
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Hughes V. Workmen's Compensation Appeals Board: Payment Of Workers' Compensation Benefits Under Concurrent Employment, Pablo Emilio Lense
Recent Developments: Hughes V. Workmen's Compensation Appeals Board: Payment Of Workers' Compensation Benefits Under Concurrent Employment, Pablo Emilio Lense
University of Baltimore Law Forum
No abstract provided.
Workers' Compensation Rehabilitation In Maryland: An Attitude Survey, Charles Smolkin, Karen Van Dyk, Ron Honberg, James Fitzpatrick, Calvin Brown, Lee Mintz, Joyce Bankoski
Workers' Compensation Rehabilitation In Maryland: An Attitude Survey, Charles Smolkin, Karen Van Dyk, Ron Honberg, James Fitzpatrick, Calvin Brown, Lee Mintz, Joyce Bankoski
University of Baltimore Law Forum
No abstract provided.
Exclusive Remedy Under Workers' Compensation: An Update On Exceptions To The General Rule, Stephen A. Markey Ill
Exclusive Remedy Under Workers' Compensation: An Update On Exceptions To The General Rule, Stephen A. Markey Ill
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Anderson V. Bimblich: Recovery Of Worker's Compensation Benefits Precludes Recovery In Tort Action, Kenneth S. Savell
Recent Developments: Anderson V. Bimblich: Recovery Of Worker's Compensation Benefits Precludes Recovery In Tort Action, Kenneth S. Savell
University of Baltimore Law Forum
No abstract provided.
Stress In The Work Place, Daniel J. Freedenburg M.D.
Stress In The Work Place, Daniel J. Freedenburg M.D.
University of Baltimore Law Forum
No abstract provided.
Wrongful Termination Of Benefits Under The Longshore And Harborworkers' Compensation Act: A Compromise Approach, Gregory L. Russell
Wrongful Termination Of Benefits Under The Longshore And Harborworkers' Compensation Act: A Compromise Approach, Gregory L. Russell
Washington Law Review
While many state supreme courts have considered whether to allow actions against a compensation insurer for intentional infliction of emotional distress and bad faith, the issues have not been clearly settled under one federal compensation statute, the Longshore and Harborworkers' Compensation Act (LHWCA). Three federal courts have apparently adopted different approaches, modeled after the three approaches taken by state courts. This Comment argues that the "Compromise approach," which allows actions based on intentional infliction of emotional distress but rejects actions based on bad faith, is most consistent with the policies underlying the LHWCA and should be followed by the courts.
Permanent Disability Benefits In Workers' Compensation, Monroe Berkowitz, John F. Burton
Permanent Disability Benefits In Workers' Compensation, Monroe Berkowitz, John F. Burton
Upjohn Press
Berkowitz and Burton provide a detailed examination of the adequacy and equity of permanent partial disability benefits, and the efficiency of the system delivering those benefits. A ten-state study is presented that examines states' criteria for awarding scheduled and nonscheduled benefits. Three of those states are then used for a wage-loss study illustrating the relationship among workers' disability ratings, the workers' WC benefits, and losses of earnings caused by work-related injuries.
The Tragedy Of Black Lung: Federal Compensation For Occupational Disease, Peter S. Barth
The Tragedy Of Black Lung: Federal Compensation For Occupational Disease, Peter S. Barth
Upjohn Press
This study details the development of the federal government's Black Lung program and evaluates its policy components.
The New Intoxication Defense For Ohio Employers, Terry A. Donner
The New Intoxication Defense For Ohio Employers, Terry A. Donner
Cleveland State Law Review
Ohio workers' compensation system has been in a state of emergency for the last two years as labor and business groups battled over a series of employee-oriented Ohio Supreme Court decisions. Labor groups hailed these decisions as the vehicle which would propel Ohio's workers' compensation law into the twentieth century. Conversely, business groups condemned the decisions asserting that they exposed Ohio employers to infinite liability and destroyed Ohio's industrial climate. S.B. 307 has changed the face of Ohio's workers' compensation law by revamping the definition of injury, establishing an intentional tort fund, and creating a new intoxication defense for Ohio …
Foreword: Health In The Workplace, Barbara J. Fick
Foreword: Health In The Workplace, Barbara J. Fick
Journal Articles
This article is a brief foreword to the 1987 Notre Dame Law Review Symposium Issue.