Workers' Compensation Law Commons^™

Sharing The Costs, Reaping The Benefits: Paid Family And Medical Leave In Massachusetts, Randy Albelda, Alan Clayton-Matthews

Labor Resource Center Publications

This report provides an analysis of the costs and benefits associated with Massachusetts Senate President Robert Travaglini's proposed family and medical leave insurance program (April 2006). The authors developed a simulation model to estimate the employer and employee wage costs when employees take paid and unpaid family and medical leaves, and they use this model to compare the current costs with those predicted under the Travaglini proposal.

For information about how the authors estimated the costs of the program and the specifics about their model, please follow the link below to "IWPR/LRC Paid Family and Medical Leave Simulation Model," originally …

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

Employment Research Newsletter

No abstract provided.

“It’S The [Tort System], Stupid:” Consumer Deductibles; How To More Equitably Distribute The Risks Of Medical Malpractice And Adequately Compensate Victims Without Statutory Damage Caps., Bradford Luke Ledbetter

ExpressO

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.

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 …

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

Mercer Law Review

The Chairman's Advisory Council of the State Board of Workers' Compensation again submitted significant legislation for 2005. Perhaps the most significant amendment to the Workers' Compensation Act concerns the determination of catastrophic designation. If an injury has not already been accepted as a catastrophic injury by the employer, and the authorized treating physician has released the employee to return to work with restrictions, there will be a rebuttable presumption, during a period not to exceed 130 weeks from the date of injury, that the injury is not a catastrophic injury. In making a determination as to whether an injury is …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Safety Practices, Firm Culture, And Workplace Injuries, Richard J. Butler, Yong-Seung Park

Upjohn Press

The authors present analysis of the impact of various HRM practices on firms’ workers’ compensation costs; specifically, which practices lower firms’ workers’ compensation costs and whether the impact is the result of changes in technical efficiency or comes through induced changes in workers’ behavior.

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.

The Social And Economic Costs Of Employee Misclassification In The Maine Construction Industry, Françoise Carré, Randall Wilson

Center for Social Policy Publications

With this study, a cross disciplinary team of the Center for Construction Policy Research has taken a first and significant step in documenting employee misclassification in the Maine construction industry. This report documents the dimensions of misclassification and its implications for tax collection and worker compensation insurance.

Misclassification occurs when employers treat workers who would otherwise be waged or salaried employees as independent contractors (self employed). Or as one report commissioned by the U.S. Department of Labor put it, misclassification occurs “when workers (who should be) getting W-2 forms for income tax filing instead receive 1099-Miscellaneous Income forms."

Performance Management In Workers' Compensation Systems, H. Allan Hunt

Employment Research Newsletter

No abstract provided.

Time Is Money--But Is It Compensable Work? An Analysis Of Ibp, Inc. V. Alvarez, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case IBP, Inc. v. Alvarez, 546 U.S. 21 (2005). The issues raised in that case were: Is the time employees spend walking and waiting in line during the process of donning and doffing required safety equipment considered compensable work such that employers must pay them for that time?

The Social And Economic Costs Of Employee Misclassification In Construction [Massachusetts Report], Françoise Carré, Randall Wilson

Center for Social Policy Publications

With this study, a cross disciplinary team of the Center for Construction Policy Research has taken a first and significant step in documenting employee misclassification in the Massachusetts construction industry. This report documents the dimensions of misclassification and its implications for tax collection and worker compensation insurance.

Misclassification occurs when employers treat workers who would otherwise be waged or salaried employees as independent contractors (self employed). Or as one report commissioned by the U.S. Department of Labor put it, misclassification occurs “when workers (who should be) getting W-2 forms for income tax filing instead receive 1099- Miscellaneous Income forms.”

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

Mercer Law Review

This survey period brought minimal changes in workers' compensation legislation, but several interesting decisions were issued. Among those decisions are cases confirming the exclusive remedy provisions of the Workers' Compensation Act (the "Act"), a case involving an injury that occurred when an employee was on a lunch break, and several statute of limitations cases.

Workers' Compensation, Lawrence D. Tarr, Salvatore Lupica

University of Richmond Law Review

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.

Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff

ExpressO

The United States’ occupational safety and health enforcement system is breaking down. Klaff argues that much of this breakdown has to do with a fundamental lack of worker participation in the United States’ safety and health system. Klaff makes his case by comparing and contrasting the history and enforcement schemes of the United States, Canada, and Sweden. After arguing for economic rights as human rights, Klaff concludes by offering a set of recommendations for the United States’ occupational safety and health system based upon his value-centered analysis.

Report Of The Governor's Workers' Compensation Review Commission, Thomas A. Eaton, David B. Mustard

Scholarly Works

The editors of the Georgia Law Review asked me to write this Foreword to explain why a government report of this nature should be published in an academic journal. I write solely in my capacity as a law professor--not as Chair of the Governor's Workers' Compensation Review Commission. My case, simply put, is that the Report illustrates how service and scholarship can go hand in hand.

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 …

A Climate Ripe For Abuse: The Role Of Kentucky's Workers' Compensation Law In Perpetuating Drug Abuse In The Appalachian Region, Stacy E. Miller

Kentucky Law Journal

No abstract provided.

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

Conference Papers

No abstract provided.

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

Mercer Law Review

No abstract provided.

Do Asian Men Face Wage Discrimination In The United States?, Marlene Kim

Institute for Asian American Studies Publications

Currently there is a debate regarding whether Asian men suffer from workplace discrimination on account of their race. The research findings have been mixed. Cabezas and Kawaguchi (1988) found that in the San Francisco Metropolitan Area, both foreign-born and U.S.-born men who were of Chinese, Japanese, Filipino, and Korean descent earned less than similarly qualified U.S.-born white men, although they did not examine the statistical significance of these findings. Using the same 1980 census data on a national sample of Chinese, Filipino, Japanese, Asian Indian, and Korean men, Duleep and Sanders (1992) find differences in earnings by race that are …

Accountability: Comparing And Benchmarking Performance Of Wc Systems, H. Allan Hunt

Conference Papers

No abstract provided.

Did Hoffman Plastic Compounds, Inc. Produce Disposable Workers?, Robert I. Correales

Scholarly Works

On March 27, 2002, The United State Supreme Court ruled in Hoffman Plastic Compounds v. N.L.R.B. that, although undocumented workers are “employees” within the meaning of the National Labor Relations Act (NLRA), they cannot be answered backpay remedies, even if discharged in violation of the Act. The Hoffman decision represents a retrenchment from a trend in which virtually all jurisdictions that had considered the issue found in favor of the workers. The principal rationale in support of these remedies for undocumented workers had been that such awards are not only remedial but also serve important deterrent functions that protect the …

Workers’ Compensation And Vocational Rehabilitation Benefits For Undocumented Workers: Reconciling The Purported Conflicts Between State Law, Federal Immigration Law, And Equal Protection To Prevent The Creation Of A Disposable Workforce, Robert I. Correales

Scholarly Works

This Article argues that sound public policy supports states providing vocational rehabilitation services to undocumented workers who have been injured in work-related accidents. Part I of the Article provides context by analyzing some of the complexities of undocumented immigrants’ lives in the United States. Part II discusses the history and economics of vocational rehabilitation programs established by workers’ compensation systems. Part III discusses ways in which immigration law and enforcement contribute to the formation of this shadow population. Part IV analyzes purported conflicts between vocational rehabilitation programs and the Immigration Reform Control Act of 1986 as they arose in Tarango …

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.

The Labor Market Experience Of Workers With Disabilities: The Ada And Beyond, Julie L. Hotchkiss

Upjohn Press

This book focuses on the labor market provisions of the Americans with Disabilities Act (ADA). It provides a comprehensive analysis of the current labor market experience of American workers with disabilities and an assessment of the impact the ADA has had on that experience.