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Full-Text Articles in Workers' Compensation Law

Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy Sep 2014

Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy

Seattle University Law Review

This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum wage program; …


A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman May 2013

A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman

Upjohn Institute Technical Reports

No abstract provided.


The Evolution Of Disability Management In North American Workers' Compensation Programs, H. Allan Hunt May 2011

The Evolution Of Disability Management In North American Workers' Compensation Programs, H. Allan Hunt

Reports

No abstract provided.


Service Delivery Core Review: A Reappraisal, H. Allan Hunt Nov 2010

Service Delivery Core Review: A Reappraisal, H. Allan Hunt

Reports

No abstract provided.


Is It Time To Establish A National Disability Data System?, David C. Stapleton, Craig V.D. Thornton Oct 2009

Is It Time To Establish A National Disability Data System?, David C. Stapleton, Craig V.D. Thornton

Employment Research Newsletter

No abstract provided.


Counting Working-Age People With Disabilities: What Current Data Tell Us And Options For Improvement, Andrew J. Houtenville Editor, David C. Stapleton Editor, Robert R. Weathers Editor, Richard V. Burkhauser Editor May 2009

Counting Working-Age People With Disabilities: What Current Data Tell Us And Options For Improvement, Andrew J. Houtenville Editor, David C. Stapleton Editor, Robert R. Weathers Editor, Richard V. Burkhauser Editor

Upjohn Press

This book offers a systematic review of what current statistics and data on working-age people with disabilities can and cannot tell us, and how the quality of the data can be improved to better inform policymakers, advocates, analysts, service providers, administrators, and others interested in this at-risk population.


Total Permanent Disability In Washington, H. Allan Hunt Oct 2008

Total Permanent Disability In Washington, H. Allan Hunt

Employment Research Newsletter

No abstract provided.


Safety Practices, Firm Culture, And Workplace Injuries, Richard J. Butler, Yong-Seung Park Aug 2005

Safety Practices, Firm Culture, And Workplace Injuries, Richard J. Butler, Yong-Seung Park

Upjohn Press

The authors present analysis of the impact of various HRM practices on firms’ workers’ compensation costs; specifically, which practices lower firms’ workers’ compensation costs and whether the impact is the result of changes in technical efficiency or comes through induced changes in workers’ behavior.


Workplace Injuries And Diseases: Prevention And Compensation - Essays In Honor Of Terry Thomason, Karen Roberts Editor, John F. Burton Editor, Matthew M. Bodah Editor Aug 2005

Workplace Injuries And Diseases: Prevention And Compensation - Essays In Honor Of Terry Thomason, Karen Roberts Editor, John F. Burton Editor, Matthew M. Bodah Editor

Upjohn Press

This book presents a set of essays from a group of leading scholars that provides a detailed overview of what is known about the disability insurance system while highlighting areas of the system that beg for greater understanding.


The Decline In Employment Of People With Disabilities: A Policy Puzzle, David C. Stapleton Editor, Richard V. Burkhauser Editor Jan 2003

The Decline In Employment Of People With Disabilities: A Policy Puzzle, David C. Stapleton Editor, Richard V. Burkhauser Editor

Upjohn Press

The book begins with a documentation of the employment rate decline and ends by spelling out the implications of this decline for public policy. However, the bulk of the book provides a detailed examination of the various explanations for the puzzling decline in employment among the working-aged population with disabilities.


The Labor Market Experience Of Workers With Disabilities: The Ada And Beyond, Julie L. Hotchkiss Jan 2003

The Labor Market Experience Of Workers With Disabilities: The Ada And Beyond, Julie L. Hotchkiss

Upjohn Press

This book focuses on the labor market provisions of the Americans with Disabilities Act (ADA). It provides a comprehensive analysis of the current labor market experience of American workers with disabilities and an assessment of the impact the ADA has had on that experience.


Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt Mar 2002

Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt

Upjohn Institute Technical Reports

No abstract provided.


Is Compensation For Workplace Injuries Adequate?, H. Allan Hunt Jan 2002

Is Compensation For Workplace Injuries Adequate?, H. Allan Hunt

Employment Research Newsletter

No abstract provided.


Workers' Compensation Under Alternative Insurance Arrangements, Terry Thomason, Timothy P. Schmidle, John F. Burton Apr 2001

Workers' Compensation Under Alternative Insurance Arrangements, Terry Thomason, Timothy P. Schmidle, John F. Burton

Employment Research Newsletter

No abstract provided.


Workers' Compensation: Benefits, Costs, And Safety Under Alternative Insurance Arrangements, Terry Thomason, Timothy P. Schmidle, John F. Burton Jan 2001

Workers' Compensation: Benefits, Costs, And Safety Under Alternative Insurance Arrangements, Terry Thomason, Timothy P. Schmidle, John F. Burton

Upjohn Press

Thomason, Schmidle, and Burton make use of a unique data set to delve into how insurance arrangements affect several objectives of the workers' compensation (WC) program. They underscore the effects of deregulation and other changes in WC insurance pricing arrangements by performing empirical analyses that use state-specific cost, benefit, and injury data from 48 states for 1975-1995. This allows them to address the interactive relationships among the four objectives of WC systems adequacy of benefits, affordability of WC insurance, efficiency in the benefits delivery system, and prevention of workplace injuries and diseases and how various public policies adopted by states …


The Third Way: Prevention And Compensation Of Work Injury In Victoria, Australia, Peter S. Barth, H. Allan Hunt, Alan Clayton, Ralph W. Mcginn, Robert W. Klein, Terrance J. Bogyo Feb 2000

The Third Way: Prevention And Compensation Of Work Injury In Victoria, Australia, Peter S. Barth, H. Allan Hunt, Alan Clayton, Ralph W. Mcginn, Robert W. Klein, Terrance J. Bogyo

Upjohn Institute Technical Reports

No abstract provided.


Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor Jan 1998

Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor

Upjohn Press

This collection of original papers reveals why caseloads of the nation's two largest income entitlement programs for disability - Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) - have soared.


Workers' Compensation Insurance In North America: Lessons For Victoria?, H. Allan Hunt, Robert W. Klein Nov 1996

Workers' Compensation Insurance In North America: Lessons For Victoria?, H. Allan Hunt, Robert W. Klein

Upjohn Institute Technical Reports

No abstract provided.


The Workers' Compensation System Of British Columbia: Still In Transition, H. Allan Hunt, Peter S. Barth, Michael J. Leahy, Workers' Compensation Board Of British Columbia Feb 1996

The Workers' Compensation System Of British Columbia: Still In Transition, H. Allan Hunt, Peter S. Barth, Michael J. Leahy, Workers' Compensation Board Of British Columbia

Upjohn Institute Technical Reports

No abstract provided.


Disability, Work And Cash Benefits, Jerry L. Mashaw Editor, Virginia P. Reno Editor, Richard V. Burkhauser Editor, Monroe Berkowitz Editor Jan 1996

Disability, Work And Cash Benefits, Jerry L. Mashaw Editor, Virginia P. Reno Editor, Richard V. Burkhauser Editor, Monroe Berkowitz Editor

Upjohn Press

This book examines the economic consequences of work disabilities, and public and private interventions that might enable disabled individuals to enter the work force for the first time, remain at work, or return to work. Three groups of papers are presented. The first group examines ways that labor market changes, policy interventions and individual choices shape the work force. The next analyzes both public and private return to work policies for the work disabled and for those with a severely disabling condition. The final group focuses on the specific needs of the disabled that affect their work force participation, including …


Causes Of Litigation In Workers' Compensation Programs, Evangelos Mariou Falaris, Charles R. Link, Michael E. Staten Jan 1995

Causes Of Litigation In Workers' Compensation Programs, Evangelos Mariou Falaris, Charles R. Link, Michael E. Staten

Upjohn Press

By applying econometric analyses to case data from two states, Falaris, Link and Staten identify the economic incentives influencing the probability of litigation in workers' compensation cases, and the probability that a contested case is pursued to verdict.


Disability Prevention Among Michigan Employers, 1988-1993, H. Allan Hunt, Rochelle Virginia Habeck, Brett Vantol, Susan M. Scully Sep 1993

Disability Prevention Among Michigan Employers, 1988-1993, H. Allan Hunt, Rochelle Virginia Habeck, Brett Vantol, Susan M. Scully

Upjohn Institute Technical Reports

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.


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.


Current Issues In Workers' Compensation, James Robert Chelius Editor Jan 1986

Current Issues In Workers' Compensation, James Robert Chelius Editor

Upjohn Press

This book reports on and offers analysis of a wide ranges of issues related to workers' compensation including administration, state reforms, costs, and reforms.


Compensation For Loss Of Earning Capacity, Robert R. Wright Jan 1964

Compensation For Loss Of Earning Capacity, Robert R. Wright

Law Faculty Scholarship

No abstract provided.


Workmen's Compensation - Proceedings To Secure Compensation - Allowance Of Attorney's Fees To Claimants Unsuccessful On Appeal, Clayton R. Smalley Feb 1960

Workmen's Compensation - Proceedings To Secure Compensation - Allowance Of Attorney's Fees To Claimants Unsuccessful On Appeal, Clayton R. Smalley

Michigan Law Review

Employee claimed total permanent disability as a result of an industrial accident, but was awarded compensation for only a twenty percent permanent disability. Claimant was denied certiorari by the Florida District Court of Appeals. However, claimant's request for an allowance of reasonable attorney's fees for the unsuccessful appeal was granted. Claimant's employer was then granted certiorari on its contention that the Florida workmen's compensation statute and a past Florida Supreme Court decision had established that attorney's fees would be allowed only when the claimant's appeal was successful. On certiorari, held, award of attorney's fees affirmed. The statute allows an …


Intervertebral Disc Injuries In Workmen's Compensation, Larry A. Bear Jun 1953

Intervertebral Disc Injuries In Workmen's Compensation, Larry A. Bear

Vanderbilt Law Review

No lawyer regularly involved in workmen's compensation litigation can do a worthwhile job for his client unless he has a comprehensive and intelligent acquaintance with all branches of medicine. In the ordinary course of his practice, the workmen's compensation lawyer must deal with all types of industrial diseases, and even with disorders in the field of neurology and psychiatry.' Familiarity with a variety of medical conditions is made necessary because of such basic medico-legal problems as causation, involving the industrial or non-industrial origin of the disability at issue, dilration and the like. Of all the industrial injuries with which the …


Workmen's Compensation-Previous Impaired Condition As Affecting Basis Of Compensation-Special Fund, Eugene F. Lattin Jun 1946

Workmen's Compensation-Previous Impaired Condition As Affecting Basis Of Compensation-Special Fund, Eugene F. Lattin

Michigan Law Review

Claimant suffered accidental injury to his left hand, for which he received compensation. Later he sustained additional injuries to head, ears, left and right hands, and thereby became totally disabled. The State Industrial Commission found that claimant was 75 per cent disabled by reason of the later injury alone. Held, under Oklahoma Workmen's Compensation Law, employer is liable for the degree of disability which would have resulted had there been no previous injury. The Special Indemnity Fund is liable for payment of the balance of the total disability. Special Indemnity Fund v. Wood, 195 Okla. 357, 157 P. …