Workers' Compensation Law Commons^™

Religious Beliefs, Unemployment Benefits, And Constitutional Choices: Flynn V. Maine Employment Security Commission, Mary Ann Lynch

Maine Law Review

The last decade has seen a growing number of individuals adopt fundamentalist, "born-again" Christianity. For these people, religion requires more than observance of a sabbath, weekly services, or financial commitment. Fundamentalist religion often requires its adherents to spread their religious beliefs with missionary zeal. Religion may be a constant preoccupation and as such, is brought into the work place. Thus, there is potential for conflict between the needs and demands of employers and the exercise of one's religion. While the free exercise clause of the first amendment may not always provide protection for employees against employers' requirements, it nevertheless serves …

Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron

St. John's Law Review

(Excerpt)

This Note argues that the legislature should add a provision to New York’s Workers’ Compensation Act that expressly precludes jurors from coverage. Such a provision would comport with the policy underlying the statute, the statute’s structure, and the statute’s language. Moreover, that legislative provision would prevent the court from wasting the considerable time and expense of grappling with other courts’ inconsistent interpretations of workers’ compensation statutes and their underlying policies. First, Part I of this Note provides an overview of the workers’ compensation law and explores the policies underlying the advent of workers’ compensation statutes. Then, Part II surveys …

State, Emp’T. Sec. Div. V. Murphy, 132 Nev. Adv. Op. 18 (Dec. 17, 2015), Michael Coggeshall

Nevada Supreme Court Summaries

The Court determined that employees who are terminated from employment for absence due to incarceration, and are later convicted of a crime, are not eligible for unemployment benefits. These employees are contrasted with those who are incarcerated, but remained incarcerated due to indigence, or were not convicted due to unsupported charges. The latter group may be eligible for unemployment benefits.

Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act, Maureen Hughes

Catholic University Law Review

This Note summarizes the amendments made to the Black Lung Benefits Act (BLBA) following its passage in 1969 through the enactment of the 2010 Patient Protection and Affordable Care Act (PPACA). The Note also addresses the split among the circuits over the meaning of the revised language in 30 U.S.C. § 932(l) (2012), and explains the reasoning of the Third, Fourth, Sixth, and Eleventh Circuits regarding the effect of the PPACA on BLBA benefit eligibility for miners’ dependent survivors. Further, this Note explains the significance of, and necessity in, resolving the confusion over § 932(l), and …

Appellate Division, Third Department, Novara Ex Rel. Jones V. Cantor Fitzgerald, Lp, Kerri Grzymala

Touro Law Review

No abstract provided.

Current Trends In Workers' Compensation, Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii

Pepperdine Law Review

No abstract provided.

Workers' Compensation

Touro Law Review

No abstract provided.

Workers' Compensation And Injury Duration: Evidence From A Natural Experiment, W. Kip Viscusi, Bruce D. Meyer, David L. Durbin

Vanderbilt Law School Faculty Publications

This paper examines the effect of workers' compensation on time out of work. It introduces a "natural experiment" approach of comparing individuals injured before and after increases in the maximum weekly benefit amount. The increases examined in Kentucky and Michigan raised the benefit amount for high-earnings individuals by approximately 50 percent, while low-earnings individuals, who were unaffected by the benefit maximum, did not experience a change in their incentives. Time out of work increased for those eligible for the higher benefits and remained unchanged for those whose benefits were constant. The estimated duration elasticities are clustered around 0.3-0.4.

Gift Or Loan Of Property Or Credit Of Local Subdivisions Prohibited

Touro Law Review

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

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

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

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

University of Baltimore Law Forum

No abstract provided.

1977 Workmen's Compensation Legislation, Stanley James Brainerd

Florida State University Law Review

No abstract provided.

Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr.

Cleveland State Law Review

Any attempt to comprehensively analyze the voluminous and detailed Workmen's Compensation and Industrial Employee legislation throughout the United States awakens one to the vast scope of ourmindustrial society. The magnitude of progress in this field dominates all other considerations of this survey, designed to show what aspects of these laws are in the throes of legislative revision, with emphasis on advances in vocational rehabilitation, coverage of public employees, and expansion of occupational disease classifications. This survey encompasses not only legislative revisions, repeals and amendments proposed or pending before State lawmakers, but attempts a preview of future activity.

Radiation Injury In Workmen's Compensation, Richard E. Hendricks

Cleveland State Law Review

Whether because of expanded uses of the fruits of the nuclear age, or because of more insights into radiation caused diseases, in years to come more employees are likely to find themselves filing claims for workmen's compensation because of alleged radiation-caused diseases or illnesses. What are radiation diseases and injuries? Which occupations are likely to give rise to radiation exposure? Do present workmen's compensation laws provide coverage for such injuries and diseases, and to what extent? How is a claim processed? Can the present laws be improved, and what efforts are being made-or should be made-to im-prove them?