Workers' Compensation Law Commons^™

How Exclusive Is The Workers' Compensation Exclusive Remedy? 2010 Amendments To Oklahoma Workers' Compensation Statute Shoot Down Parret, Matthew K. Brown

Oklahoma Law Review

No abstract provided.

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

Mercer Law Review

The 2010-2011 survey period featured decisions of Georgia appellate courts in areas ranging from medical care to intervening accidents, with no significant legislation impacting the Workers' Compensation Act

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

Reports

No abstract provided.

Unfinished Business: Building Equality For Women In The Construction Trades, Susan Moir, Meryl Thomson, Christa Kelleher

Labor Resource Center Publications

This review and analysis of over one hundred and twenty published and unpublished sources on the unfinished business of increasing women’s participation in the construction workforce over the past thirty-plus years aims to:

• Provide a definitive assessment of the consistency of evidence on the daunting challenges facing women who seek to enter and advance in the construction workplace and
• Examine the failure of a critical social policy intended to address occupational segregation and ensure access to high-paying jobs to women.

Using the wide array of available sources, this report provides a historical overview of policy efforts to integrate women into …

Social Networking And Workers’ Compensation Law At The Crossroads, Jaclyn S. Millner, Gregory M. Duhl

Pace Law Review

No abstract provided.

Social Networking And Workers’ Compensation Law At The Crossroads, Gregory M. Duhl

Faculty Scholarship

Over the past decade, social networking has increasingly influenced the practice of both civil and criminal law. One way to illustrate those influences is to examine a “system” of laws and the parties and lawyers in that system. In this article, we examine how social networking has influenced workers’ compensation law, looking at, in particular, the intersection of professional responsibility, discovery, privacy, and evidence with social networking in state workers’ compensation systems. Workers’ compensation laws are no-fault insurance systems designed to resolve disputes efficiently. Consequently, the rules of evidence are often more relaxed and the rules of discovery often more …

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

Mercer Law Review

The survey period from June 1, 2009 to May 31, 2010 was notable for several decisions of the Georgia Court of Appeals in areas ranging from temporary exacerbation of preexisting injury to choice of law. Minimal legislation was enacted in these areas.

Service Delivery Core Review: A Reappraisal, H. Allan Hunt

Reports

No abstract provided.

The Impact Of The Patient Protection And Affordable Health Care Act Of 2010 On State Workers’ Compensation Systems, Thomas A. Eaton

Presentations and Speeches

The relationship between national health care reform and workers’ compensation is not a new issue. Whenever there is a serious discussion about some form of national involvement in the delivery or financing of general health care, the question arises: how does workers’ compensation fit in to this plan? The question is a logical one for state workers’ compensation and federal health care reform share a number of common concerns. Both strive to provide meaningful access to care; both aim to stem the tide of rising costs; and each is concerned about how to coordinate with the other. But, the devil …

Fool Me Once, Shame On Me; Fool Me Again And You’Re Gonna Pay For It: An Analysis Of Medicare’S New Reporting Requirements For Primary Payers And The Stiff Penalties Associated With Noncompliance, Monica A. Stahly

Law Student Publications

This article discusses the new requirements and the issues that currently face insurers, claimants, and attorneys in cases involving Medicare-eligible beneficiaries.

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.

Beyond The 'Chilling Effect': Immigrant Worker Behavior And The Regulation Of Occupational Safety & Health, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

This article forms part of a broader scholarly project that seeks to understand the root causes of immigrant worker injury and fatality trends in the U.S., and the ways in which legal norms and regulatory practices shape these trends. This particular contribution examines the broad range of attributes and experiences that influence immigrant worker behavior relating to occupational safety and health -- in the context of interactions with employers and regulatory bodies, and relating to the choices that workers themselves make about how to perform their work.

Drawing upon scholarship from multiple disciplines, the article encourages a more robust understanding …

The Heterogeneity Of The Value Of Statistical Life: Introduction And Overview, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The refinement in worker fatality risk data used in hedonic wage studies and evidence from new stated preference studies have facilitated the exploration of the heterogeneity of the value of statistical life (VSL). Although the median VSL estimate for workers is $7-$8 million, the VSL varies considerably within the worker population. New estimates of the income elasticity of VSL are 1.0 or above, which are consistent with theoretical models linking VSL to the coefficient of relative risk aversion. The specific relationship between VSL and risk aversion is, however, more complex than previously understood. Age differences in VSL are substantial, with …

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

Mercer Law Review

There were minimal legislative changes during the survey period from June 1, 2008 to May 31, 2009, but several interesting decisions were issued by the Georgia Court of Appeals. Among those were cases affirming the exclusive remedy doctrine, a case providing insight on the applicability of statutory employment when the general contractor is an owner in possession of the property, and several statute of limitations cases

Is It Time To Establish A National Disability Data System?, David C. Stapleton, Craig V.D. Thornton

Employment Research Newsletter

No abstract provided.

Counting Working-Age People With Disabilities: What Current Data Tell Us And Options For Improvement, Andrew J. Houtenville Editor, David C. Stapleton Editor, Robert R. Weathers Editor, Richard V. Burkhauser Editor

Upjohn Press

This book offers a systematic review of what current statistics and data on working-age people with disabilities can and cannot tell us, and how the quality of the data can be improved to better inform policymakers, advocates, analysts, service providers, administrators, and others interested in this at-risk population.

Is Labor Really Cheap In China - Compliance With Labor And Employment Laws, Marisa Anne Pagnattaro

San Diego International Law Journal

This Article details China’s the growing body of labor and employment laws. Specifically, this research analyzes major labor and employment law developments in China, including the newly adopted Labor Contract Law, employment discrimination sexual harassment, wages, workplace health and safety, worker privacy, and dispute resolution. The ramifications of this developing legal landscape on U.S. companies doing business in China are also discussed.

Immigrant Labor And The Occupational Safety & Health Regime; Part I: A New Vision For Workplace Regulation, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

This article is the first in a series of three articles that together form a scholarly project that unearths the causes of recent trends in immigrant worker fatalities and injuries in the U.S., and presents recommendations for reversing it. The article examines how the history, structure, and operations of the federal Occupational Safety and Health Administration (OSHA) have, at times, obscured the workplace safety concerns of immigrant workers and have left these workers with no meaningful voice in the regulatory process. The article presents a set of regulatory imperatives to guide OSHA’s future work with respect to immigrant workers. These …

Workers' Compensation, H. Michael Bagley, Daniel S. Kniffen, Katherine D. Dixon

Mercer Law Review

The Georgia General Assembly made no substantive changes to the Workers' Compensation Act in 2008. Additionally, the Georgia appellate courts took relatively few cases on appeal, and most of these addressed areas of law that are already well-established. Because many workers' compensation cases now require practitioners to address the Medicare Secondary Payer Act, the history, impact, and involvement of that legislation on Georgia claims is also addressed in this Article.

Total Permanent Disability In Washington, H. Allan Hunt

Employment Research Newsletter

No abstract provided.

Bypassing Redundancy: Resolving The Jurisdictional Dilemma Under The Defense Base Act, Claire Been

Washington Law Review

In 1941, Congress passed the Defense Base Act (DBA) to provide workers’ compensation coverage to civilian workers employed overseas under U.S. government contracts or on U.S. military bases. Congress modeled the DBA after the Longshore and Harbor Workers’ Compensation Act (Longshore Act), modifying certain provisions to provide for accidents that occur overseas. In 1972, Congress amended the procedures governing review of claims under the Longshore Act. The amendments required workers to appeal claim-related decisions to a new administrative board and then to a U.S. court of appeals. Before the amendments, a worker’s first appeal under the Longshore Act was to …

Undocumented Workers In The United States: Legal, Political, And Social Effects, Rachel Feltman

Richmond Journal of Global Law & Business

Immigration law is a hotly contested topic these days. Not only does it have important implications in numerous legal fields, including labor law and tort law, but it also has social, political, and economic effects that ripple throughout our society. Immigrants, especially those who remain undocumented, have the potential to affect the lives of people in almost every walk of life, from politicians to entrepreneurs, and even to teenagers seeking their first jobs. After analyzing the legal impact of current legislation on the field of labor law, it becomes apparent that the employment of undocumented aliens does not have the …

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.

Civil Rights And Related Decisions, Eileen Kaufman

Scholarly Works

This article analyzes two cases from the October 2006 Supreme Court Term, Ledbetter v. Goodyear Tire & Rubber Co. and Gonzales v. Carhart. The cases have much in common, even though Ledbetter concerns pay disparity claims based on gender and Gonzales concerns second trimester abortions. Both are five-four decisions which demonstrate how profoundly the appointment of Justice Samuel Alito to occupy Justice Sandra Day O'Connor's seat has affected the balance of power on the Court. The net result of this shift has been a devastating setback for women's rights. Both decisions prompted Justice Ruth Bader Ginsburg to uncharacteristically read aloud …

Where Are You Hurt? Kentucky Redefines Workers' Compensation Injury In A Post-Traumatic Stress Disorder World, James M. Inman

Kentucky Law Journal

No abstract provided.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon

Mercer Law Review

The year 2007 was relatively quiet for workers' compensation legislation in the Georgia General Assembly. However, there were several statutory modifications of note.

The Georgia Workers' Compensation Act has long excluded "farm laborers" from its coverage. The scope of that exclusion was clarified by including within the term farm laborer "any person employed by an employer in connection with the raising and feeding of and caring for wildlife, as such term is defined in paragraph (77) of [Official Code of Georgia Annotated ("O.C.G.A.")] Section 27-1-2." The Code section referenced defines wildlife as "any vertebrate or invertebrate animal life indigenous to …

Bridging The Gaps: Structuring Benefits To Promote Mobility For Low Wage Workers, Randy Albelda, Heather Boushey

Center for Social Policy Publications

Low-wage workers have always faced difficulties earning enough to meet their basic needs in the context of the complex financial tradeoffs between receiving public benefits and taking on any or more employment. However, welfare reform and skyrocketing housing and medical costs have exacerbated these challenges to low income families, policy makers, and the providers and agencies that serve them. Employment – often at low-wages – is imperative for most families and, even with supplementary public benefits, financial independence is not easy to achieve for many working families. Wages are too often too low to meet the high cost of living …

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon

Mercer Law Review

There was minimal legislation during the 2006 term of the Georgia General Assembly that impacted workers' compensation. In fact, most of the legislative changes could be characterized as general housekeeping measures. For example, Official Code of Georgia Annotated ("O.C.G.A.") section 34-9-104 was changed to make its wording consistent with that found in other sections of the Workers' Compensation Act. The mandate that the employee shall receive notice from the employer was changed to provide that the employer shall send notice to the employee. The time limit for submitting mileage expenses was clarified as running one year from the date that …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.