Workers' Compensation Law Commons^™

Brief Of Respondents, Norfolk & Western Railway Co. V. Ayers, No. 01-963 (U.S. Aug. 19, 2002), Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

Brief Of Amici Curiae Of American Law Professors In Support Of Respondents, Norfolk & Western Ry. Co. V. Ayers, No. 01-963 (U.S. Aug. 19, 2002), ., Paul F. Rothstein

U.S. Supreme Court Briefs

No abstract provided.

Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt

Upjohn Institute Technical Reports

No abstract provided.

An Analysis Of Brown V. National Football League, Darryll M. Halcomb Lewis

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Why Warn? – The Worker Adjustment And Retraining Notification Act In Bankruptcy, Laura B. Bartell

Law Faculty Research Publications

The Worker Adjustment and Retraining Notification ("WARN") Ace was enacted by Congress in 1988 to provide limited protections to workers whose jobs are suddenly and permanently terminated. The WARN Act generally precludes an "employer" from ordering a "plant closing or mass layoff" until the expiration of a sixty-day period after giving written notice of such proposed action. Pursuant to legislative directive, the Department of Labor ("Department") promulgated a final rule in 1989 interpreting the provisions of the statutory language. Although neither the WARN Act itself nor the final rule makes any reference to bankrupt employers, in the preamble to the …

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

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' …

Reconciling The Nlra And Irca: Can An Undocumented Worker Receive Back Pay? An Analysis Of Hoffman Plastic Compound, Inc. V. Nlrb, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Hoffman Plastic Compound, Inc., v. NLRB, 535 U.S. 137 (2002). The author expected the Court to address in this case the apparent conflict between the National Labor Relations Act's goal of the prevention of unfair labor practices and the Immigration Reform and Control Act's denial of employment to undocumented aliens. This issue arose because of an award of back pay to an undocumented worker who was fired because of his union organizing activities.

Emerging Issues In Sports Law: Symposium Transcript, Steve Underwood, Christopher Whitson

Vanderbilt Journal of Entertainment & Technology Law

First we manage our litigation and clients. And we have a wide range of claims and suits to take care of. There are league-wide suits. There are labor arbitrations. There are player suits, from time-to-time. And you know the Corey Stringer case that's been filed in Minnesota, for example. We had a somewhat similar experience a few years ago that ended up as a ... cert. denied case of the United States Supreme Court, Smith v. Houston Oilers, a 1996 Fifth Circuit case .... We have a lot of workers' comp problems in our business. Our workcomp expense this year …

Women's Experiences Of The Workers' Compensation System In Queensland, Australia, Jo Calvey

Theses: Doctorates and Masters

This was a phenomenological study undertaken to understand women's experience of the workers' compensation system. Eleven women were interviewed. They ranged in age from twenty-five to sixty-five years and represented diverse socio-economic and educational backgrounds. All women were from a non-indigenous background. The initial question to women was "Can you tell me what it is like to be involved in the workers' compensation system?" The narratives were analysed and interpreted using Hycner's (1985) phenomenological guidelines. Five core themes were found: negative versus positive/neutral experiences, the workplaces response and role in the process, women's experiences of payouts and tribunals, reasons why …

The New Employment Contract?, David I. Levine

Employment Research Newsletter

No abstract provided.

Workers' Compensation Under Alternative Insurance Arrangements, Terry Thomason, Timothy P. Schmidle, John F. Burton

Employment Research Newsletter

No abstract provided.

Nevada Power Co. V. Haggerty: The Nevada Supreme Court's Expansion Of The Independent Duty Doctrine, Sharon Steen

Nevada Law Journal

No abstract provided.

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 …

Worker's Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon, Marion Handley Martin

Mercer Law Review

For workers' compensation, the 1999-2000 survey period was largely notable for a number of legislative changes and for another year in which Georgia's appellate courts dealt with numerous cases interpreting the exclusive remedy provisions of the Workers' Compensation Act. As always, however, the appellate courts also decided numerous workers' compensation cases, with issues ranging from the "any evidence" rule to superior court judgments.

Additional legislative activity is possible in the coming year as a special commission appointed by Governor Barnes readies a report, due in April 2001, on proposed changes to the workers' compensation system.

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.

Grabbing Them By The Balls: Legislatures, Courts, And Team Owners Bar Non-Elite Professional Athletes From Workers' Compensation, Rachael Schaffer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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

Mercer Law Review

For the second year in a row, the survey period passed without dramatic legislative changes to Georgia's Workers' Compensation Act ("the Act").' Georgia's appellate courts, however, were active once again in examining the exclusive remedy doctrine and interpreting the Act's subrogation provisions.

A Study Of Issues Related To Privatization Of Workers’ Compensation In Nevada, Kathryn A. Mack

UNLV Theses, Dissertations, Professional Papers, and Capstones

The key purpose of this study is to examine and evaluate current legislative initiatives for reform of workers’ compensation in Nevada. The examination will focus on issues relating to open competitive markets, market pricing, privatization of a state fund, and cost controls that have affected workers’ compensation in the state. The methods used in this paper include an in-depth examination of legislative statutes that have been enacted to control spending. Also, included is a review of literature that relates to privatization of state funds, and issues that are inherent in the transition from a state agency to private enterprise. Key …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch

University of Richmond Law Review

This article addresses recent developments in the law ofworkers' compensation, as reflected in decisions of the Supreme Court of Virginia and the Virginia Court of Appeals, and through new legislation. Areas discussed include (1) injury by accident claims; (2) occupational disease claims; (3) benefits and coverage under the Workers' Compensation Act; and (4) 1999 legislative changes affecting workers' compensation.

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

Mercer Law Review

The 1997-98 survey period was marked by a relatively calm legislative session with respect to workers' compensation, in sharp contrast to the significant legislation that has reshaped the Georgia's Workers' Compensation Act this decade. As usual, however, the appellate courts were active in the workers' compensation arena, issuing decisions over a broad range of issues. In particular, significant rulings affected change in condition cases, the intoxication defense, and the ongoing issue of psychological injury.

Three Systems Of Workers' Compensation, H. Allan Hunt

Employment Research Newsletter

No abstract provided.

Employer Liability For Supervisors' Intentional Torts: The Uncertain Scope Of The "Alter Ego" Exception, Michael Hayes, Quinn Broverman

All Faculty Scholarship

When Illinois employees are the victims of intentional torts by supervisors, can they bring common law tort suits against their employers for these injuries, or are they limited to bringing a claim under the workers' compensation system? This question, which arises with unfortunate reguIarity, lacks a clear answer because both state and federal courts in Illinois are divided over the scope of the "alter ego" exception to the exclusivity of workers' compensation as the remedy for intentionally inflicted workplace injuries.

The Illinois Workers' Compensation Act ("IWCA") contains exclusivity provisions that mandate that workers' compensation is the sole remedy available to …

Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor

Upjohn Press

This collection of original papers reveals why caseloads of the nation's two largest income entitlement programs for disability - Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) - have soared.

Pitfalls In Diagnosis Of Occupational Lung Disease For Purposes Of Compensation - One Physician's Perspective , Lawrence Martin

Journal of Law and Health

Ideally, the fact that diagnosis of OLD involves the legal profession should not affect a physician's objectivity or clinical approach. Physicians have an obligation to help assure that deserving patients receive compensation, and that claimants without a compensable occupational illness are not unjustly rewarded. However, the attorney's need to prove a diagnosis "with medical certainty," and the defendant's needs to refute that diagnosis with equal certainty, often skew what would otherwise be a straightforward diagnostic process. Resulting pitfalls in diagnosis can, in the end, trap the physician advocate and the side he is trying to help.

Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch

University of Richmond Law Review

This article addresses the most significant developments in the law of workers' compensation since September 1997. The areas discussed consist of the following: (1) injury by accident claims; (2) occupational disease claims; (3) benefits and coverage under the Workers' Compensation Act; (4) panels of physicians; and (5) 1998 legislative changes affecting workers' compensation. Emphasis has been placed on the most important developments in this area of law with respect to decisions of the Supreme Court of Virginia and the Virginia Court of Appeals, as well as new legislation.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr., Katherine D. Dixon

Mercer Law Review

The 1996-1997 survey period was an active one in the field of workers' compensation. Significant decisions were handed down in a number of areas that will significantly impact important parts of the workers' compensation system.

The first section of this Article reviews what, by comparison to previous years, was a relatively mild legislative session with regard to workers' compensation. The next two sections address important cases that affect the Drug-Free Workplace Act' and the defense of cases involving intoxication as well as important cases involving a claimant's burden of proof to show a change in condition. The remainder of the …