Open Access. Powered by Scholars. Published by Universities.®

Workers' Compensation Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1987

Discipline
Institution
Keyword
Publication
Publication Type

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 May 1987

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 Apr 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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. Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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.