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Articles 1 - 30 of 63
Full-Text Articles in Workers' Compensation Law
The Plight Of Workers: Alj Independence In Arkansas Workers’ Compensation, P. Brock Hatfield
The Plight Of Workers: Alj Independence In Arkansas Workers’ Compensation, P. Brock Hatfield
Indiana Law Journal
“Unfortunately, many of the changes made by this act were necessary because administrative law judges, the Workers’ Compensation Commission, and the Arkansas courts have continually broadened the scope and eroded the purpose of the workers’ compensation statutes of this state. . . . In the future, if [changes must be made to Arkansas workers’ compensation law], those things shall be addressed by the General Assembly and should not be done by administrative law judges, the Workers’ Compensation Commission, or the courts.”1It would be hard to imagine a blunter statement of purpose to undermine the independence of administrative law …
The Farm Worker: His Need For Legislation, Susan Calkins
The Farm Worker: His Need For Legislation, Susan Calkins
Maine Law Review
Of America's ignored and invisible people, the farm worker is one of the most ignored and least visible. He is hidden by the crops as he works his way down the endless rows. Far from the cities where the laws are made and the issues of the day are debated, his voice is not heard. He is vitally necessary to this well-fed nation, and yet his needs are seldom considered. The legislators have not ignored the industrial worker. They have provided him with laws insuring a minimum wage, workmen's compensation and other such benefits. The farm worker, however, is expressly …
Tortious Withholding Of Insurance Benefits: Gibson V. National Ben Franklin Ins. Co., Maine Law Review
Tortious Withholding Of Insurance Benefits: Gibson V. National Ben Franklin Ins. Co., Maine Law Review
Maine Law Review
The Maine Workers' Compensation Act provides that an employer's compensation carrier shares the employer's immunity from common law suit. If the carrier delays or withholds benefits owed an injured employee under an approved compensation agreement, the Act imposes a fine on the carrier and permits the employee to recover the overdue compensation payments by invoking the equity powers of the Superior Court. The Act makes no provision for redress when the carrier refuses to pay, a potential limitation recently confronted by the Maine Supreme Judicial Court in Gibson v. National Ben Franklin Insurance Company. In reversing the trial court's dismissal …
Workmen's Compensation: Compensable Injuries; Awards; Relation Of Court And Commission, Maine Law Review
Workmen's Compensation: Compensable Injuries; Awards; Relation Of Court And Commission, Maine Law Review
Maine Law Review
During Justice Dufresne's term as Chief Justice of the Maine Supreme Judicial Court, the court considered over sixty-five cases presenting issues that involved the state Workmen's Compensation Act. These decisions attempted to define both the concept of a compensable injury and the nature of workmen's compensation awards. Examination of the court's treatment of these two major components of the workmen's compensation system reveals the Law Court's attitude toward the system itself, the statutory scheme utilized by the Maine Legislature, and the administrative procedure employed in handling workmen's compensation claims. Consideration of the relationship between the court and the Industrial Accident …
Eligibility For Vocational Rehabilitation Under The Maine Workers' Compensation Act: Troubling New Standards, Robert T. Duddy
Eligibility For Vocational Rehabilitation Under The Maine Workers' Compensation Act: Troubling New Standards, Robert T. Duddy
Maine Law Review
In 1961, section 52 of the Maine Workers' Compensation Act was amended to include a new provision which states that a worker who suffers an industrial injury is entitled to vocational rehabilitation. Under section 52, vocational rehabilitation may be awarded if such services are "necessary and desirable" to restore the injured worker to gainful employment and "reasonable and proper" in scope. The language of section 52 pertaining to vocational rehabilitation has remained essentially unchanged since 1961, despite major developments in the functional, economic, and administrative theories underlying vocational rehabilitation. Narrowly construing section 52, the court in Lancaster v. Cooper Industries …
Working Through The Dangers Of The Work-From-Home Model And Workers' Compensation: Employer Liability For Remote Work Injuries, Tyler Speer
Akron Law Review
The rapid rise of work-from-home (WFH) models, particularly accelerated by the COVID-19 pandemic, has necessitated a reevaluation of workers' compensation laws. Ohio's House Bill 447 (H.B. 447), enacted in 2022, attempts to address the increasing likelihood of work-related injuries for remote workers but potentially creates an unbalanced approach that disproportionately burdens employees. This note examines H.B. 447's language, specifically the requirements of "exclusive benefit" and "special hazard," which may prevent legitimate WFH injury claims. By comparing Ohio's approach to more worker-friendly laws in states like Utah and Minnesota, the analysis argues that H.B. 447 should be revised to better reflect …
Religious Beliefs, Unemployment Benefits, And Constitutional Choices: Flynn V. Maine Employment Security Commission, Mary Ann Lynch
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 …
Comeau V. Maine Coastal Services: The Quantum Theory And The Rescue Doctrine In Workers' Compensation, George F. Eaton Ii
Comeau V. Maine Coastal Services: The Quantum Theory And The Rescue Doctrine In Workers' Compensation, George F. Eaton Ii
Maine Law Review
Section 51 of the Maine Workers' Compensation Act provides that in order to be compensable, an employee's injury must arise out of and occur in the course of the employment. The decision of the Maine Supreme Judicial Court in Comeau v. Maine Coastal Services upheld the Workers' Compensation Commission's denial of the plaintiff's petition for an award of compensation. In reaching its decision, however, the Law Court departed from the long-settled analytical approach of treating the "arising out of" and the "in the course of" requirements as separate criteria both of which must be met in order to establish a …
The Original Instagram: Whose Property Is It?, Sue M. Altmeyer
The Original Instagram: Whose Property Is It?, Sue M. Altmeyer
American University Business Law Review
When a worker creates a personal social media account and then uses it to promote their employer, courts differ as to whether subsequent use by the employer can operate as an implied transfer of the account when the employment relationship ends. Allowing an implied transfer flies in the face of traditional contract and property law principles and results in workers unknowingly giving up their right to a valuable asset they created. The better rule in determining ownership of a social media account is to first determine who owned the account at the time of original creation and then determine whether …
Due Process And The Independent Medical Examiner System In The Maine Workers' Compensation Act, Sean T. Carnathan
Due Process And The Independent Medical Examiner System In The Maine Workers' Compensation Act, Sean T. Carnathan
Maine Law Review
Workers' compensation became front page news during the summer of 1991, when Maine's governor refused to sign the state's budget unless the Legislature reformed the system. Although the vehemence of the governor's demands stunned both the public and the Legislature, the dire state of workers' compensation was well known to those involved. In fact, the Legislature has debated reforming the system nearly every year, and sixteen significant changes have been made since the program's inception in 1915. In 1991, the Legislature focused on cutting costs. The system requires two types of highly paid professionals—doctors and lawyers. Therefore, an obvious way …
Roy V. Bath Iron Works: Three Different Perspectives On An Unfortunate Situation, Erik Black
Roy V. Bath Iron Works: Three Different Perspectives On An Unfortunate Situation, Erik Black
Maine Law Review
Joseph Roy was an employee of Bath Iron Works (BIW) who suffered work-related injuries to his lower back in 1987 and to his neck in 1994 In 2005, Roy filed a petition for review of his workers' compensation benefits and sought, among other benefits, total incapacity benefits because his neck injury had worsened. A hearing officer from the Workers' Compensation Board found that Roy's work-related injuries had totally incapacitated him, but denied Roy total incapacity benefits after March 6, 2006, because a non-work-related liver condition had also caused him to become totally incapacitated. Roy appealed the decision to the Maine …
The Effect Of Health Insurance On Workers' Compensation Filing: Evidence From The Affordable Care Act's Age-Based Threshold For Dependent Coverage, Marcus Dillender
The Effect Of Health Insurance On Workers' Compensation Filing: Evidence From The Affordable Care Act's Age-Based Threshold For Dependent Coverage, Marcus Dillender
Upjohn Institute Working Papers
This paper identifies the effect of health insurance on workers' compensation (WC) filing for young adults by implementing a regression discontinuity design using WC medical claims data from Texas. The results suggest health insurance factors into the decision to have WC pay for discretionary care. The implied instrumental variables estimates suggest a 10 percentage point decrease in health insurance coverage increases WC bills by 15.3 percent. Despite the large impact of health insurance on the number of WC bills, the additional cost to WC at age 26 appears to be small as most of the increase comes from small bills.
The New Workers' Compensatin Law In Ohio: Senate Bill 307 Was No Accident, Scott Washam
The New Workers' Compensatin Law In Ohio: Senate Bill 307 Was No Accident, Scott Washam
Akron Law Review
In Part I, this comment traces the evolution of workers' compensation laws in this country with particular emphasis on the development of the Act in Ohio. In Part II, the relevant caselaw is discussed, including Blankenship v. Cincinnati Milacron Chemicals, Jones v. VIP Development Company, and their progeny which led to the enactment of Senate Bill 307. In Part III, Bill 30710 is considered along with its implications for the injured worker.
Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare
Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare
Catholic University Law Review
In 1927, the United States Congress passed the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation coverage to maritime workers injured outside the purview of state workers’ compensation laws. Rigid judicial interpretation of the original Act, however, led to inequitable outcomes in the maritime industry. Workers neither on land nor on the water when injured could not claim workers’ compensation benefits under state or federal laws. The 1972 amendments to the LHWCA sought to cure this inequity. The amended Act included a situs requirement. This Comment analyzes the most important judicial interpretations of the situs requirement of …
Equitable Estoppel & Workers' Compensation Immunity: Why Litigants And The Courts Are Getting Ahead Of Themselves, Neil A. Ambekar
Equitable Estoppel & Workers' Compensation Immunity: Why Litigants And The Courts Are Getting Ahead Of Themselves, Neil A. Ambekar
Florida A & M University Law Review
Every U.S. jurisdiction has created a separate body of law to address workplace injuries - the workers’ compensation scheme. These no-fault systems provide employees injured on the job lost wages and medical benefits. It also immunizes employers from negligence claims arising out of most workplace accidents. This article discusses a growing phenomenon in Florida’s workers’ compensation scheme, the use of estoppel to negate employer immunity. This article lays out the various theories of estoppel—primarily judicial and equitable—that may be asserted in the context of on-thejob injury litigation. This article goes on to explain why Florida courts should refrain from application …
Benefit Adequacy In State And Provincial Workers' Compensation Programs, H. Allan Hunt, Marcus Dillender
Benefit Adequacy In State And Provincial Workers' Compensation Programs, H. Allan Hunt, Marcus Dillender
Employment Research Newsletter
No abstract provided.
A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman
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.
Master Or Chancellor? The Workers' Compensation Judge And Adjudicatory Power, David B. Torrey
Master Or Chancellor? The Workers' Compensation Judge And Adjudicatory Power, David B. Torrey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Evolution Of Disability Management In North American Workers' Compensation Programs, H. Allan Hunt
The Evolution Of Disability Management In North American Workers' Compensation Programs, H. Allan Hunt
Reports
No abstract provided.
Compromise And Release Settlements In Workers' Compensation: Final Report, H. Allan Hunt, Peter S. Barth
Compromise And Release Settlements In Workers' Compensation: Final Report, H. Allan Hunt, Peter S. Barth
Reports
No abstract provided.
Service Delivery Core Review: A Reappraisal, H. Allan Hunt
Service Delivery Core Review: A Reappraisal, H. Allan Hunt
Reports
No abstract provided.
Total Permanent Disability In Washington, H. Allan Hunt
Total Permanent Disability In Washington, H. Allan Hunt
Employment Research Newsletter
No abstract provided.
Opening The Door: Recognizing The Many Hats Of Jockeys For Workers' Compensation Coverage, Erin N. Malony
Opening The Door: Recognizing The Many Hats Of Jockeys For Workers' Compensation Coverage, Erin N. Malony
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Hiv As An Occupational Disease: Expanding Traditional Workers' Compensation Coverage, Nikita Williams
Hiv As An Occupational Disease: Expanding Traditional Workers' Compensation Coverage, Nikita Williams
Vanderbilt Law Review
Since the acquired immunodeficiency syndrome ("AIDS") was first identified in 1981, this disease has had far-reaching social and economic consequences across the country. One of the most profound effects of the AIDS epidemic can be seen in the public health care system. While infection control measures have long been in place to reduce transmission of the disease in the health care setting, in the years following the initial discovery of AIDS, health care workers ("HCWs") were particularly concerned about the possibility of contracting the lethal disease from their patients. Furthermore, although the risk of transmission of the human immunodeficiency virus …
Earnings Losses For Injured Workers, H. Allan Hunt, Kelly Derango, Eva Madly
Earnings Losses For Injured Workers, H. Allan Hunt, Kelly Derango, Eva Madly
Employment Research Newsletter
No abstract provided.
The Ohio Bureau Of Workers' Compensation: An Analysis Of The Status Quo And A Proposal For Improvement (A Medical Perspective), William H. Seitz Jr.
The Ohio Bureau Of Workers' Compensation: An Analysis Of The Status Quo And A Proposal For Improvement (A Medical Perspective), William H. Seitz Jr.
Journal of Law and Health
A worker's compensation claim is frequently a nightmare for the patient (injured worker), the employer (insurance payor), and the physician (health care provider). Because of the wastefulness inherent in the system, the overall cost of providing workers' compensation care in the State of Ohio has increased dramatically and as a result has seen significant reductions in hospital reimbursement levels and patient benefits, such as prescription drug availability. This article provides two clinical examples to highlight the problems with the worker's compensation system in Ohio. The first case example demonstrates what happens when the patient's initial diagnosis upon entering the system …
Workplace Injuries And Diseases: Prevention And Compensation - Essays In Honor Of Terry Thomason, Karen Roberts Editor, John F. Burton Editor, Matthew M. Bodah Editor
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.
Performance Management In Workers' Compensation Systems, H. Allan Hunt
Performance Management In Workers' Compensation Systems, H. Allan Hunt
Employment Research Newsletter
No abstract provided.
Testimony Of H. Allan Hunt, Ph.D.: [Hearing On "Examining The Federal Employees' Compensation Act And Its Benefits For Workers"], H. Allan Hunt
Testimony Of H. Allan Hunt, Ph.D.: [Hearing On "Examining The Federal Employees' Compensation Act And Its Benefits For Workers"], H. Allan Hunt
Testimonies
No abstract provided.
Are Private Automobile Insurance Companies Replacing Workers’ Compensation Coverage When The Employee/Insured Is Injured In The Course And Scope Of Employment By A Third-Party Tortfeasor?: Rubin V. State Farm Mutual Automobile Insurance Company, Micah Echols
The University of New Hampshire Law Review
[Excerpt] “Multiple sources for recovery are available for an employee who is physically injured by a third-party tortfeasor in the course and scope of employment. This is especially true when the physical injury triggers coverage under a health insurance policy or other type of insurance policy for medical benefits. First, assuming that the employer participates in workers’ compensation insurance, the employee is entitled to receive workers’ compensation benefits for medical expenses. Second, the employee can also recover payments for medical benefits from the third-party tortfeasor in a common-law negligence lawsuit. Third, the employee, who in this context would be considered …