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

Workers' Compensation Law Commons

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

Articles 1 - 11 of 11

Full-Text Articles in Workers' Compensation Law

Tiernan V. Magaziner, 270 A.3d 25 (R.I. 2022), Todd D. Amaral Jan 2023

Tiernan V. Magaziner, 270 A.3d 25 (R.I. 2022), Todd D. Amaral

Roger Williams University Law Review

No abstract provided.


The Ab5 Experiment — Should States Adopt California’S Worker Classification Law?, Samantha Prince Jan 2022

The Ab5 Experiment — Should States Adopt California’S Worker Classification Law?, Samantha Prince

American University Business Law Review

A worker's classification as either independent contractor or employee drives whether a worker is entitled to minimum wage, overtime, worker's compensation, unemployment compensation, anti-discrimination protection, National Labor Relations Act protections, and many other safety-net protections. During the COVID-19 pandemic, unemployment protections were extended to independent contractors, but this is not the norm and is not slated to continue post-pandemic. Classifying certain workers, particularly those who work in the app- based economy, is challenging, so states are looking for an answer - either through their own innovation or through that of other states. California's answer was AB5. AB5's goals were to …


White V. State Of Nevada, 135 Nev. Adv. Op. 67 (Dec. 26, 2019), Katrina Fadda Jan 2020

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

Nevada Supreme Court Summaries

No abstract provided.


Buma V. Providence Porp. Dev., 135 Nev. Adv. Op. 60 (Dec. 12, 2019), E. Sebastian Cate-Cribari Jan 2020

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 …


The Analysis Of The Hcs Department's Injury And Illness Prevention Program, Matthew Evers Mar 2014

The Analysis Of The Hcs Department's Injury And Illness Prevention Program, Matthew Evers

BioResource and Agricultural Engineering

The Horticulture and Crop Science department had created their own Injury and Illness Prevention Program (IIPP) which was placed online using Cal Poly’s “PolyLearn” module. The program had just been created and generally covered some of the basic IIPP elements required by CalOSHA law, however it had various points of improvement to fulfill all IIPP regulations. It was found that the program content was not in compliance with CalOSHA laws regarding hazard inspection, training, and record keeping, but through meetings with the various department staff, these areas were brought into compliance with CalOSHA requirements, or are expected to be …


America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, D. Paul Holdsworth Jan 2014

America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, D. Paul Holdsworth

Law Student Publications

This comment argues that awarding full damages to illegal immigrants who suffer workplace injuries better serves the United States' federal immigration objectives.


Nevada Power Co. V. Haggerty: The Nevada Supreme Court's Expansion Of The Independent Duty Doctrine, Sharon Steen Mar 2001

Nevada Power Co. V. Haggerty: The Nevada Supreme Court's Expansion Of The Independent Duty Doctrine, Sharon Steen

Nevada Law Journal

No abstract provided.


Collapsing The Legal Impediments To Indemnification, Clark C. Johnson Jul 1994

Collapsing The Legal Impediments To Indemnification, Clark C. Johnson

Indiana Law Journal

No abstract provided.


Weber V. Aetna Casualty & Surety Co., Lewis F. Powell Jr. Oct 1971

Weber V. Aetna Casualty & Surety Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Workmen's Compensation--Risks Covered--Shock And Exhaustion From Being Lost In Coal Mine, John L. Detch Apr 1935

Workmen's Compensation--Risks Covered--Shock And Exhaustion From Being Lost In Coal Mine, John L. Detch

West Virginia Law Review

No abstract provided.


Agency--Workmen's Compensation Act, Roscoe H. Pendleton Apr 1929

Agency--Workmen's Compensation Act, Roscoe H. Pendleton

West Virginia Law Review

No abstract provided.