Workers' Compensation Law Commons^™

Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal aims to discuss the protection of copyright law against tapes converted into the form of a sound recording or a tool shaped CD (Compact Disc), in addition it is to discuss how enforcement against violations fixation in a piece of music that is poured into a recording tool so that it can be enjoyed through the CD. This journal will discuss about the forms of piracy which often occur in the field of copyright songs and music. In this journal will be discussed also about violations in the field of copyright songs or music that will be penalized …

Urgensi Perlindungan Hukum Atas Simpanan Uang Elektronik, Abdurrahman Marahimin

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The use of electronic money shows positive developments, but is not accompanied by the development of regulations that provide legal protection to its users, especially with regard to the loss of electronic money. The problem in this study is how the legal protection for electronic money deposits and how the form of protection for electronic money deposits in the future so as to ensure the safe use of electronic money. This study uses a normative juridical method, using secondary data and using qualitative data analysis methods. The results of the study stated that the IDIC does not have the authority …

Politik Hukum Pertambangan Dalam Pelaksanaan Kewajiban Pengolahan Dan Pemurnian Mineral Dan Batubara Di Indonesia, Ahmad Nugraha Abrar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This study discusses the politics of mining law in the implementation of the obligation to process and purify minerals and coal to improve the quality of minerals and coal in Indonesia. The research focuses on the legal politics that occur in the implementation obligations in developing mineral and coal processing and refining in the country to improve the quality of minerals and coal before being exported abroad. This study also discusses the paradigm of mining regulations in processing and refining since the mining law in post-independence to reformation. The results of this study indicate that there are still problems in …

Pemanfaatan Dan Perlindungan Hukum Terhadap Sumber Daya Air Dalam Perspektif Investasi Dan Kesejahteraan, Arindita Pratiwi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

As a natural resource that can be renewed and is an unlimited energy, water has an important role in meeting the daily needs of humans and other living things, without water there would be no life. The presence of the state in managing water resources for the greatest welfare of the people is a manifestation of the state's control over water resources as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and is the state's obligation to fulfill the people's rights to water. In fulfilling the need for clean water for all its …

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The Survey period featured limited legislation. House Bill 1409 increased the maximum rate of temporary total disability benefits from $675 to $725 and increased the maximum rate of temporary partial disability benefits from $450 to $483. Similarly, the maximum amount of death benefits payable to a sole surviving spouse was increased correspondingly from $270,000 to $290,000.

While not an amendment directly to the Workers’ Compensation Act (the Act), it is noteworthy that House Bill 389 amends the definition of “employment” applicable to the “Employment Security Law.” This definition now includes services performed for wages unless the Department of Labor makes …

The Legal Protection Of The Worker's Wage In The Palestinian Law: A Comparative Study, Anas Abu Aloun Dr., Ibrahem Yahya Mr,

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study aims at clarifying the role of the Palestinian legislator in providing guarantees concerning the worker's wages through specifying the definition of the wages as well as the items that are of relation to it in the Palestinian Law. In the first part of this study, the researchers attempted to define the wages and what they are comprised of in order to provide protection over the wages and their components. The study discussed whether or not the extra work can be considered a part of the workers' wages, and it covered the concept of the minimum wage and the …

Able But Unwilling To Work: Why The Current State Of Workers’ Compensation Law In Mississippi Deters Workers From Returning To Work As Soon As They Are Physically Able, Chandler Sessums

MC Law Review

In 2019, the National Safety Council estimated that the total economic cost of work-related deaths and injuries in the United States was $171,000,000,000 and the amount of workdays lost due to these deaths and injuries was 105,000,000 days.1 On average, for every day of work missed by a worker due to a work-related death or injury, the total economic loss was over $1,600 per worker. Therefore, any time a worker is injured on the job, the overarching goal for both the employer and the employee should be for the worker to return to work as soon as is safely possible …

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory …

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of …

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National …

The Legal Protection Of The Physical And Psychological Health Of The Working Women In The Moroccan And Palestinian Legislations, Nidal Ghaith

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study examined the legislations related to the legal protection of the working women and their roles in protecting the working women’s physical and psychological health in both the Kingdom of Morocco and the State of Palestine. The manifestations of the legal protection of both the physical health and psychological health of the working women were discussed. One of the prominent conclusions of the study is the necessity to organise the women’s work to protect them from the dangers threatening their physical and psychological health as mentioned in the Moroccan Labour Code and the Palestinian Labour Law. However, the legislations …

Interns And Institutions: Interactions Between Unpaid Interns And Public Policy, Hannah G. Waterman

Honors Projects

Political, and especially Congressional, internships are all but mandatory to launch a career in politics. This text examines the demographics of how these internships are dispersed, how they are paid, who is paid, and how this manifests in full-time Congressional staff demographics. Data shows that both paid and unpaid Congressional internships belong disproportionately to white students. Top staff in the House of Representatives is similarly disproportionately white. The text also examines the inherent danger of working in Congress and the broader case for paid internships.

Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection, Kyler J. Palmer

DePaul Journal for Social Justice

No abstract provided.

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

Safeguarding The Public: Why Workers’ Rights Education Should Be Required Learning For Nurses, Esperanza N. Sanchez

Touro Law Review

Nurses are integral to the delivery of quality health care in this country. They set aside their own needs and fears to provide care and other social services to people across a multitude of settings, taking on the burdens and stresses of others. However, our profit-driven health care system incentivizes employers to maximize productivity at reduced costs by asking nurses to do more with less. Nurses are expected to endure harsh working conditions, proven to be harmful to the nurses’ health and well-being, despite evidence showing that poor working conditions can lead to poor patient outcomes.

There are numerous worker …

Connecticut Workers’ Compensation Coverage For Medical Cannabis In The Age Of The Opioid Crisis, Sydnee Sousa

Connecticut Law Review

In 2019 the Connecticut Workers’ Compensation Review Board (CRB) in Caye v. Thyssenkrupp Elevator rejected the employer and its workers’ compensation insurer’s argument that the Workers’ Compensation Commission cannot compel them to reimburse the cost of medical cannabis because such an order would require them to engage in conduct that is criminalized under the Controlled Substances Act (CSA). The CRB in Caye instead affirmed the trial commissioner’s order that the respondent must reimburse the claimant’s expenses in obtaining medical cannabis.

This Note argues that when the issue of workers’ compensation reimbursement for medical cannabis is inevitably reviewed by the Connecticut …

Koback V. Municipal Employees’ Retirement System Of R.I., 252 A.3d 1247 (R.I. 2021), Morgan E. Hedly

Roger Williams University Law Review

No abstract provided.

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 …

Fifty More Years Of Ineffable Quo? Workers’ Compensation And The Right To Personal Security, Michael C. Duff

All Faculty Scholarship

During the days of Covid-19, OSHA has been much in the news as contests surface over the boundaries of what risks of workplace harm are properly regulable by the federal government. Yet the original statute that created OSHA—the Occupational Safety and Health Act of 1970—was not exclusively concerned with front-end regulation of workplace harm. Just over fifty years ago, the same Act mandated an investigation of the American workers’ compensation system, which consists of a loose network of independent state workers’ compensation systems. The National Commission created by the Act to carry out the investigation issued a report of its …

Selby V. Baird, 240 A.3d 243 (R.I. 2020), Matthew Bertelli

Roger Williams University Law Review

No abstract provided.

2021 Surveys Of Rhode Island Law

Roger Williams University Law Review

No abstract provided.

The Limitations And Alternatives To Expanding The Equal Pay Act Under Bostock V. Clayton County, Ga., Valentina Wilson

University of San Francisco Law Review

No abstract provided.

What Covid-19 Laid Bare: Adventures In Workers’ Compensation Causation, Michael C. Duff

All Faculty Scholarship

This essay performs a close analysis of workers’ compensation coverage of COVID-19 and arrives at the conclusion that it should not be “impossible” to prove in a legal sense that an employee’s COVID-19 was caused by work. Scientific proof is not the same as legal proof: workers’ compensation law has never required that claims must be supported by irrefutable scientific proof of workplace causation. Yet repeatedly one heard this suggestion during public discussion on workers’ compensation coverage of employees.

Still, there is good evidence that even when workers’ compensation undisputedly covers work-related disease employers seldom pay benefits (and states do …

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The June 1, 2020 through May 31, 2021 survey period was notable for a limited number of appellate decisions—which included an impactful decision from the Georgia Supreme Court overruling decades of prior precedent—and no legislation.

A Regulatory Policy Strategy For Protecting Immigrant Workers, W. Kip Viscusi, N. Marquiss

Vanderbilt Law School Faculty Publications

Immigration has become a focal point of many political campaigns, most notably that of President Trump in 2016 and again in 2020. Populist rhetoric also decries immigrant workers for taking Americans' jobs and depressing wages for U.S.-born workers. Yet immigrants serve a constructive role by working in some of the most dangerous occupations in the country. It is well-known that immigrant workers, particularly those from Mexico with limited English language skills, face a higher workplace fatality rate than native workers. Efforts to reverse this trend have long been the focus of the Occupational Safety and Health Administration (OSHA), which undertook …