Workers' Compensation Law Commons^™

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2019–2020 survey period again featured decisions from the Georgia Court of Appeals over an interesting array of workers’ compensation topics including: robberies, misrepresentations, calculation disputes, and various potential employment situations. There was no legislation of significance during the period.

Consortium And Workers’ Compensation: The Demolition Of Consortium, Michael Green, David M. Layman

Louisiana Law Review

The article discusses issues on spousal consortium claims and workers' compensation in the U.S., including the aspects of compensation for accidental injuries and tort claims.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Compensation For Abused Foreign Domestic Workers: A Problem Of Enforcement, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

In Tay Wee Kiat v Public Prosecutor [2018] 5 SLR 438; [2019] 5 SLR 1033, two offenders who had abused a foreign domestic worker had been ordered to pay her compensation, on pain of a default term of imprisonment. When they failed to pay, the Prosecution applied for the compensation order to be enforced by way of attachment of the offenders’ property or garnishment of debts due to the offenders (“garnishment/attachment orders”). The High Court refused to make garnishment/attachment orders on the grounds that (a) the Prosecution had applied for such orders belatedly; and (b) such orders would lead to …

An Exploration Of Factors That Motivate Human Rights Workers Working In Areas With Armed Conflict In The Philippines, John Francis Hernandez, Jan Nikko Dela Paz, Ethan Cedric Chua, Mendiola Teng-Calleja

Psychology Department Faculty Publications

This study examined the experiences and motivation of human rights workers (HRWs) in areas affected by armed conflict in the Philippines. Six human rights workers from Karapatan responded to semi-structured interviews. Karapatan is a Philippine NGO whose mission is to uphold human rights and document instances of human rights violations. The results described the risks experienced by human rights workers in conflict afflicted areas in the country. Intrinsic factors that motivate HRWs to continuously engage in human rights work despite facing adverse situations include altruism; belief that they are advocating a just cause; feeling a sense of fulfillment; and strongly …

Forum: Some Misconceptions About The Revocation Of Work Passes, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Several work pass holders, including both blue- and white-collar workers, have recently had their work passes revoked after they breached safe distancing rules.

Lhwca Section 905(B) And Scindia: The Confused Tale Of A Legal Pendulum, Thomas C. Galligan, Brian C. Colomb

Louisiana Law Review

The article presents the U.S. Supreme Court case Scindia Steam Navigation Co., Ltd. v. De Los Santos to discuss Section 905(b) of the Longshore and Harbor Workers' Compensation Act (LHWCA), which provided negligence as a course of action in advancing workers' compensation claims.

The Experience Of Immigrants And Low-Wage Workers In The New York Worker's Compensation System, Robert E. Grey

Cardozo Journal of Equal Rights & Social Justice

The workers' compensation system, originally designed to protect low-wage and immigrant workers in hazardous occupations, has eroded over time, disproportionately affecting its intended beneficiaries. Despite initial protections, such as coverage regardless of immigration status, the system now perpetuates disparities, with declining benefits for low-wage workers and systemic barriers to access. The article advocates for reforms to address eligibility, wage replacement, and dependency requirements, emphasizing the need to adapt the system to the modern labor market, including gig economy workers.

Time For Singapore To Address Some Uncomfortable Questions On Its Migrant Workers, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed the need for Singapore to address some uncomfortable questions on migrant workers and to safeguard their wellbeing and interests as well as to protect the rest of the community. He opined that even as we attend to the first order of business to suppress the many Covid-19 clusters in the dormitories, there are broader questions for our society to address based on an honest and thorough appraisal. Assoc Prof Tan believes that a failure to do so might result in us merely tackling the symptoms, and not the causes, …

Variability In U.S. Labor Markets: A Presentation To The Workers’ Compensation Research Institute, Michael Horrigan

Presentations

No abstract provided.

Osha, The Opportunism Police, Jason R. Bent

BYU Law Review

No abstract provided.

J Mich Dent Assoc February 2020

The Journal of the Michigan Dental Association

Every month,The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on the 2020 MDA Annual Session
• A feature covering student perspectives on the Opioid Crisis
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, Headquarters Report, and component news

This issue also includes articles reprinted with permission:

• “Muscle Deprogramming: A Source of Confusion”, …

Say “No” To Discrimination, “Yes” To Accommodation: Why States Should Prohibit Discrimination Of Workers Who Use Cannabis For Medical Purposes, Anne Marie Lofaso, Lakyn D. Cecil

Seattle University Law Review

This Article addresses the question of how the law should treat medical cannabis in the employment context. Using Colorado as a primary example, we argue that states such as Colorado should amend their constitutions and legislate to provide employment protections for employees who are registered medical cannabis cardholders or registered caregivers.

Part I briefly traces the legal regulation of cannabis from an unregulated medicine known as cannabis to a highly regulated illicit substance known as marijuana under the Controlled Substances Act. Our travail through this history reveals, unsurprisingly, an increasing demonization of cannabis throughout the twentieth century. That socio-legal demonization …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

White V. State Of Nevada, 135 Nev. Adv. Op. 67 (Dec. 26, 2019), Katrina Fadda

Nevada Supreme Court Summaries

No abstract provided.

How Come Mary-Jane Is Not On Workers’ Comp?: Requiring Rhode Island Workers’ Compensation Insurers To Reimburse Employees For Medical Marijuana, Devon Q. Toro

Roger Williams University Law Review

No abstract provided.

Worker's Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2018–2019 survey period featured important legislative changes as well as interesting decisions of the appellate courts addressing workers’ compensation issues on such wide-ranging topics as scheduled break exceptions, the Insolvency Pool, and occupational diseases.

• Legislative Update
• Intoxication and Drug Testing
• Ingress—Egress on Scheduled Breaks
• Insolvency Pool
• Evidence in Seeking Catastrophic Designation
• Exclusive Remedy
• Attorney's Fees
• Standard of Review/Occupational Disease

When The Going Gets Weird, The Weird Turn Pro*: Management Best Practices In The Age Of Medicinal Marijuana, John I. Winn Jd, Llm

Roger Williams University Law Review

No abstract provided.

Mello V. Killeavy, 205 A.3d 454 (R.I. 2019), Kaitlyn Alger

Roger Williams University Law Review

No abstract provided.

The Disability Dilemma: Difficulties Involving Erisa Claims For Subjective-Proof Diseases, Courtney D. Keeling

Oklahoma Law Review

No abstract provided.

Buma V. Providence Porp. Dev., 135 Nev. Adv. Op. 60 (Dec. 12, 2019), E. Sebastian Cate-Cribari

Nevada Supreme Court Summaries

The court determined that the Nevada Industrial Insurance Act (NIIA) extends workers’ compensation protections to traveling employees while they are on work trips. The court held that traveling employee cases will use a categorical approach, where workers’ compensation is extended to traveling employees for injuries sustained during activity that can be considered an employment risk or a neutral risk which passes the increased risk test, but not to activities which are considered a personal risk. Activities considered a personal risk fall under the “distinct departure” exception, which requires that no compensation be given for injuries sustained during “personally motivated activities …

All The World’S A Platform?: Some Remarks On 'Marketplace Platform' Employment Laws, Michael C. Duff

All Faculty Scholarship

This paper addresses the enactment of marketplace platform laws, which have arisen as a remarkable feature of the "gig" economy in recent years. A marketplace platform law decides the question of whether an individual worker is an independent contractor or an employee — an ongoing controversy in all employment law, including workers’ compensation law — by emphasizing factors other than those normally considered in traditional legal analyses. As of this writing, seven states appear to have enacted marketplace platform laws.

In short, marketplace platform laws — developed substantially and lobbied aggressively by the company Handy, Inc. — make it much …

Center For Progressive Reform Report: Protecting Workers In A Pandemic--What The Federal Government Should Be Doing, Thomas Mcgarity, Michael C. Duff, Sidney A. Shapiro

All Faculty Scholarship

The "re-opening" of the American economy while the coronavirus that causes COVID-19 is still circulating puts workers at heightened risk of contracting the deadly virus. In some blue-collar industries, the risk is particularly acute because of the inherent nature of the work itself and of the workplaces in which it is conducted. And the risk, for a variety of reasons, falls disproportionately on people of color and low-income workers. With governors stay-at-home orders and other pandemic safety restrictions, Center for Progressive Reform Member Scholars Thomas McGarity, Michael Duff, and Sidney Shapiro examine the federal government's many missed opportunities to stem …

Post-Traumatic Stress Disorder (Ptsd) Coverage And Other Expanding Benefit Changes In The Workers’ Compensation Insurance Marketplace: Academic Legal Perspective, Michael C. Duff

All Faculty Scholarship

This paper discusses the increased use of causation presumptions in workers' compensation cases involving firefighters and other first responders. It also considers increasing workers' compensation coverage of post traumatic stress disorder with respect to those same categories of workers. The paper discusses how workers' compensation coverage of certain conditions tends to parallel the growth of potential tort liability, observes that disease presumptions were a feature of early 20th century workers' compensation statutes (and so are not new), and argues that recognition of workers' compensation "mental-mental" claims has been consistent with "zone of danger" expansion of the negligent infliction of emotional …