Workers' Compensation Law Commons^™

Breathing Easier: Equal Protection And Workers' Compensation For Coal Workers' Pneumoconiosis In Durham V. Peabody Coal Company, Matthew C. Cocanougher

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

An Analysis Of Brown V. National Football League, Darryll M. Halcomb Lewis

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Women's Experiences Of The Workers' Compensation System In Queensland, Australia, Jo Calvey

Theses: Doctorates and Masters

This was a phenomenological study undertaken to understand women's experience of the workers' compensation system. Eleven women were interviewed. They ranged in age from twenty-five to sixty-five years and represented diverse socio-economic and educational backgrounds. All women were from a non-indigenous background. The initial question to women was "Can you tell me what it is like to be involved in the workers' compensation system?" The narratives were analysed and interpreted using Hycner's (1985) phenomenological guidelines. Five core themes were found: negative versus positive/neutral experiences, the workplaces response and role in the process, women's experiences of payouts and tribunals, reasons why …

Pitfalls In Diagnosis Of Occupational Lung Disease For Purposes Of Compensation - One Physician's Perspective , Lawrence Martin

Journal of Law and Health

Ideally, the fact that diagnosis of OLD involves the legal profession should not affect a physician's objectivity or clinical approach. Physicians have an obligation to help assure that deserving patients receive compensation, and that claimants without a compensable occupational illness are not unjustly rewarded. However, the attorney's need to prove a diagnosis "with medical certainty," and the defendant's needs to refute that diagnosis with equal certainty, often skew what would otherwise be a straightforward diagnostic process. Resulting pitfalls in diagnosis can, in the end, trap the physician advocate and the side he is trying to help.

Wellness Programs In Police Departments And How They Effect Workers' Compensation Claims, Herbert G. Mckee Jr.

Theses Digitization Project

No abstract provided.

Defining "Disability": The Approach To Follow, Theodore J. St. Antoine

Articles

The definition of "disability" has once again become a central issue in workers' compensation law. I am partly responsible. A decade ago I served as the Governor's Special Counselor on Workers' Compensation. In my Reportto the Cabinet Council on Jobs and Economic Development, I stated: "If I could write on a clean slate, I would prefer to see the Michigan definition brought even closer into the mainstream of American law by declaring that 'disability' means a 'limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work …

Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf

Touro Law Review

No abstract provided.

Court Defends, Slaps Injured Workers, Gregory S. Munro

Faculty Journal Articles & Other Writings

This article reviews two workers' compensation decisions of the Montana Supreme Court: one (Francetich v. State Compensation Mut. Ins. Fund) which reflects a measure of progress in obtaining adequate compensation for injured workers, and the second (Burris v. Dept. Labor & Indus.) a stark reminder of the fragility of workers' rights in the compensation system.

Workers' Compensation - Death Knell Of A Good Samaritan! - Culpepper V. Fairfield Sapphire Valley, Kathleen G. Sumner

Campbell Law Review

First, this Note examines the impact of the Culpepper decision on Workers' Compensation claims involving employees rendering assistance to a third party. Second, the Note also serves as a caveat to employers who establish a general employee policy relating to dealing with the public.

Promoting Safety Through Workers' Compensation: The Efficacy And Net Wage Costs Of Injury Insurance, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

This article explores the effects of workers' compensation on fatality rates and wages using the 1982 Panel Study of Income Dynamics and the new occupational fatality data issued by the National Institute for Occupational Safety and Health. The fatality rate depends upon the workers' compensation benefit variables in a manner that suggests that the safety incentive effects of higher insurance premiums offset any moral hazard effects. The estimates imply that in the absence of workers' compensation, fatality rates would increase by over 20%. Premium levels substantially overstate the cost of workers' compensation, due primarily to a direct wage offset from …

Curing Washington's Occupational Disease Statute: Dennis V. Departmentof Labor And Industries, Lance Palmer

Seattle University Law Review

This Note focuses on the current state of occupational disease coverage under the workers' compensation system in Washington, and will review the legislative history, the administrative interpretation, and the judicial development of the occupational disease law. Further, after setting forth the broad policy goals behind the Industrial Insurance Act and outlining Washington's occupational disease statute, this Note will conclude with a discussion of the supreme court's analytical framework for a fair, workable, and uniform method for adjudicating occupational disease claims in Washington.

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

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

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

University of Baltimore Law Forum

No abstract provided.

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

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.

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

University of Baltimore Law Forum

No abstract provided.

Workers' Compensation—Supervisory Employees Are Immune From Tort Actions, Hank Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.

Third-Party Action Over Against Workers’ Compensation Employer, Arthur Larson

Faculty Scholarship

Wages

The Alaska Workers’ Compensation Law: Fact-Finding, Appellate Review, And The Presumption Of Compensability, Arthur Larson, John Lewis

Faculty Scholarship

No abstract provided.

Kentucky Law Survey: Workers' Compensation, Norman E. Harned, Scott A. Bachert

Kentucky Law Journal

No abstract provided.

The Longshoremen's And Harbor Workers' Compensation Act: Award Requirement For Statutory Assignment Of Longshoreman's Third Party Claim

Washington and Lee Law Review

No abstract provided.

Suicide As A Compensable Claim Under Workers' Compensation Statutes: A Guide For The Lawyer And The Psychiatrist, John Blatt, Christopher P. Bastien

West Virginia Law Review

We live in a highly complex, industrialized environment. Specific work-related events occurring within this context frequently impact negatively on those who are essential to the operation of our industrial system. Often the impact of events produces human misery, suffering and death. Men and women are injured, maimed and killed. Workers' compensation statutes exist to ameliorate the plight of workers and their families through the utilization of compensation in the form of cash-wage benefits and medical care. The economic burden of compensation is ultimately borne by consumers, because the cost of insurance taken out by employers is passed on in the …

Workers' Compensation - A Departure From Precedent Or Past Error Corrected - Rutledge V. Tultex Corp./Kings Yarn, Sharon L. Hartman

Campbell Law Review

This note examines Rutledge in view of the North Carolina Workers' Compensation Act and North Carolina precedent interpreting the Act in the occupational disease area. It focuses on whether the standard adopted by the court is consistent with precedent and the purposes of the Act. Finally, it considers the effect of this standard on the byssinosis victim in proving the necessary causation for a compensable occupational disease.

Workers Compensation: The Historical Compromise Revisited, Dianne Pothier

Dianne Pothier Collection

This committee, after our study, declares that our present system of workers' compensation legislation is still fundamentally sound in concept.

- Report to the House of Assembly of the Select Committee on Workers' Compensation, May, 1981

In the last decade health and safety issues in the workplace have gained a special prominence. Across North America new initiatives have been taken in response to an old problem. One aspect subjected to re-evaluation in many jurisdictions is the statutory scheme of workers' compensation. In Nova Scotia a Select Committee of the Legislature was given the mandate to reassess this scheme, and its …

Sydenstricker V. Unipunch Products, Inc.: Contribution And Indemnity Under Mandolidis Theory, Richard M. Yurko Jr.

West Virginia Law Review

No abstract provided.