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Articles 31 - 60 of 63
Full-Text Articles in Workers' Compensation Law
Adequacy Of Earnings Replacement In Workers' Compensation Programs: A Report Of The Study Panel On Benefit Adequacy Of The Workers' Compensation Steering Committee, National Academy Of Social Insurance, H. Allan Hunt, National Academy Of Social Insurance
Adequacy Of Earnings Replacement In Workers' Compensation Programs: A Report Of The Study Panel On Benefit Adequacy Of The Workers' Compensation Steering Committee, National Academy Of Social Insurance, H. Allan Hunt, National Academy Of Social Insurance
Upjohn Press
The Workers’ Compensation Steering Committee of the National Academy of Social Insurance formed the Benefit Adequacy Study Panel to review the literature on benefit adequacy and to develop an approach to document what is currently known—and not known—about benefit adequacy in WC programs. The panel documents the extent to which WC cash benefits replace workers’ lost wages, and assesses the adequacy of that wage replacement.
Accountability: Gpra, Part & Owcp, H. Allan Hunt
Accountability: Gpra, Part & Owcp, H. Allan Hunt
Conference Papers
No abstract provided.
Accountability: Comparing And Benchmarking Performance Of Wc Systems, H. Allan Hunt
Accountability: Comparing And Benchmarking Performance Of Wc Systems, H. Allan Hunt
Conference Papers
No abstract provided.
The Decline In Employment Of People With Disabilities: A Policy Puzzle, David C. Stapleton Editor, Richard V. Burkhauser Editor
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.
Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt
Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt
Upjohn Institute Technical Reports
No abstract provided.
Carve-Outs In Workers' Compensation: An Analysis Of The Experience In The California Construction Industry, David I. Levine, Frank Neuhauser, Richard Reuben, Jeffrey S. Petersen, Cristian Echeverria
Carve-Outs In Workers' Compensation: An Analysis Of The Experience In The California Construction Industry, David I. Levine, Frank Neuhauser, Richard Reuben, Jeffrey S. Petersen, Cristian Echeverria
Upjohn Press
Employers and unions in several states during the 1990s were allowed to "carve out" their own workers' compensation systems. These innovative reforms gave the parties the right to collectively bargain their own systems outside the statutory systems. In addition, alternative dispute resolution (ADR) systems were implemented in order speed the legal process and reduce litigation costs. This book offers an evaluation of the first few years' experience with these organizational reforms in California.
Is Compensation For Workplace Injuries Adequate?, H. Allan Hunt
Is Compensation For Workplace Injuries Adequate?, H. Allan Hunt
Employment Research Newsletter
No abstract provided.
Why The Ohio Bureau Of Workers' Compensation Must Refund Fifty Million Dollars In Subrogation Payments: A Detailed Look Into The State Of Subrogation In Ohio After Holeton V. Crouse Cartage Company, Anthony Alan Baucco
Cleveland State Law Review
This Note begins by examining the complex history behind workers' compensation subrogation rights in the state of Ohio. This historical timeline flows from the period when statutory subrogation was non-existent in Ohio, to the first version of a subrogation statute in 1993, and finally to the broadened and revised statute in 1995. A detailed examination of the Supreme Court of Ohio's decision in Holeton v. Crouse Cartage Company follows the historical overview and focuses on the unconstitutionality of Ohio Revised Code section 4123.931. Additionally, the popular competing views gleaned from both the dissent in Holeton and the Bureau of Workers' …
Workers' Compensation Under Alternative Insurance Arrangements, Terry Thomason, Timothy P. Schmidle, John F. Burton
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
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
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.
Three Systems Of Workers' Compensation, H. Allan Hunt
Three Systems Of Workers' Compensation, H. Allan Hunt
Employment Research Newsletter
No abstract provided.
Workers' Compensation Insurance In North America: Lessons For Victoria?, H. Allan Hunt, Robert W. Klein
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
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
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 …
Workers' Compensation And Injury Duration: Evidence From A Natural Experiment, W. Kip Viscusi, Bruce D. Meyer, David L. Durbin
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.
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Seattle University Law Review
Most workers' compensation schemes are designed to provide a swift and sure source of benefits to injured workers by placing on employers the risks and burdens of modern industry. In keeping with this policy, Washington's Industrial Insurance Act2 (IIA) requires injured workers to relinquish the right to sue at common law for damages sustained on the job, and it requires employers to accept liability for a measure of damages set out by the statute. However, if a worker's injuries are caused by the negligence of a third person who is not in the worker's same employ, the IIA's third-party provision …
Causes Of Litigation In Workers' Compensation Programs, Evangelos Mariou Falaris, Charles R. Link, Michael E. Staten
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.
New Hope For Workers' Compensation Programs, H. Allan Hunt, Rochelle Virginia Habeck
New Hope For Workers' Compensation Programs, H. Allan Hunt, Rochelle Virginia Habeck
Employment Research Newsletter
No abstract provided.
Analysis Of Persistence In Employer Injury Rates: Final Report, H. Allan Hunt
Analysis Of Persistence In Employer Injury Rates: Final Report, H. Allan Hunt
Upjohn Institute Technical Reports
No abstract provided.
Worker Learning And Compensating Differentials, W. Kip Viscusi, Michael J. Moore
Worker Learning And Compensating Differentials, W. Kip Viscusi, Michael J. Moore
Vanderbilt Law School Faculty Publications
In the standard compensating wage differential model, workers value their wage and workers' compensation components based on full job risk information. Market forces generate positive wage differentials as ex ante compensation for exposure to relatively high risk. Similarly, market forces generate wage offsets for the increases in ex post risk compensation embodied in workers' compensation benefits. These predictions can be modified to take into account potential imperfections in worker information, as in Viscusi (1979a,b, 1980a,b,d), where the role of learning is incorporated into the worker's decision model. The potential for learning about risks introduces a new market response through worker …
Curing Washington's Occupational Disease Statute: Dennis V. Departmentof Labor And Industries, Lance Palmer
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.
Workers' Compensation: Wage Effects, Benefit Inadequacies, And The Value Of Health Losses, W. Kip Viscusi, Michael J. Moore
Workers' Compensation: Wage Effects, Benefit Inadequacies, And The Value Of Health Losses, W. Kip Viscusi, Michael J. Moore
Vanderbilt Law School Faculty Publications
Using the 1977 Quality of Employment Survey in conjunction with BLS risk series and state workers' compensation benefit formulas, the authors assess the labor market implications of workers' compensation. Higher levels of workers' compensation benefits reduce wage levels, and controlling for workers' compensation raises estimates of compensating differentials for risk. The rate of trade-off between wages and workers' compensation suggests that benefit levels provide suboptimal levels of income insurance, abstracting from moral hazard considerations. The value of non-monetary losses from job injuries (including pain and suffering and non-work disability) is estimated to be $17,000-$26,000.
Permanent Disability Benefits In Workers' Compensation, Monroe Berkowitz, John F. Burton
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.
Current Issues In Workers' Compensation, James Robert Chelius Editor
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.
Unexplained Accidents And Assaults: The Problems And Burdens Of Proof Under The Texas Workers' Compensation Statute, J. Thomas Sullivan
Unexplained Accidents And Assaults: The Problems And Burdens Of Proof Under The Texas Workers' Compensation Statute, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram
Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram
Faculty Scholarship
Corporations engage in technological activities of benefit to society, but thereby also create new health risks for workers, consumers, and communities. Government regulatory agencies deal with this chronic problem by conducting risk analyses and imposing various duties on private firms. Despite agency efforts and corporate compliance, health risks continue to arise and take their toll. To what extent will private firms voluntarily assume greater responsibility for preventing these health risks? This question is of increasing social importance, because the limitations of regulatory efforts are now obvious, whereas health risks are now being identified at what appears to be an increasing …
An Analysis Of The Legal, Social, And Political Issues Raised By Asbestos Litigation, John P. Burns, G. Edward Cassady, Iii, Kenneth B. Cole, Jr., Timothy R. Dodson, Philip E. Holladay, Jr., Paul C. Ney, Jr., Drew T. Parobek, Kimberly Payne, D. Blaine Sanders, L. D. Simmons, Ii, Charles D. Maguire, Jr. Special Project Editor, Laurin Blumenthal Associate Special Project Editor
An Analysis Of The Legal, Social, And Political Issues Raised By Asbestos Litigation, John P. Burns, G. Edward Cassady, Iii, Kenneth B. Cole, Jr., Timothy R. Dodson, Philip E. Holladay, Jr., Paul C. Ney, Jr., Drew T. Parobek, Kimberly Payne, D. Blaine Sanders, L. D. Simmons, Ii, Charles D. Maguire, Jr. Special Project Editor, Laurin Blumenthal Associate Special Project Editor
Vanderbilt Law Review
This Special Project examines the most important issues of the asbestos problem and advocates a congressional solution (1) to relieve the courts of the thousands of present and potential asbestos cases, (2) to protect future claimants' rights to adequate compensation, and (3) to provide for equitable participation by all responsible parties, which, in addition to asbestos manufacturers,include the federal government, insurance companies, and the tobacco industry. The first six parts of the Special Project examine the various issues of asbestos litigation: theories of liability in products liability suits against asbestos manufacturers, causation,defenses, statutory limitations on actions, collateral estoppel, and punitive …
The Causation Issue In Workers'compensation Mental Disability Cases: An Analysis, Solutions, And A Perspective, Lawrence Joseph
The Causation Issue In Workers'compensation Mental Disability Cases: An Analysis, Solutions, And A Perspective, Lawrence Joseph
Vanderbilt Law Review
Cases under workers' compensation systems that concern mental disabilities present special problems in the determination of causation. In this Article Mr. Joseph argues that the complexities inherent in a decision whether a mental disability has arisen out of employment force administrative agencies and courts in these cases to engage in normative evaluative inquiries. These inquiries, according to Mr. Joseph, result in findings that potentially frustrate the underlying compromise policy of workers' compensation systems; these evaluative decisions create classes of claimants that may be under or over inclusive. Mr. Joseph describes several possible solutions to this problem and concludes by reviewing …
Workers' Compensation System In Michigan: A Closed Case Survey, H. Allan Hunt
Workers' Compensation System In Michigan: A Closed Case Survey, H. Allan Hunt
Upjohn Press
Provides a data base for analysis of workers' comp issues in Michigan, and offers a comparison between cases from insured and self-insured employers.