Workers' Compensation Law Commons^™

Recent Developments In Workers' Compensation Law, Oregon Law Institute, Mary Neidig, Nelson R. Hall, Aliza D. Bethlahmy, Elizabeth C. Brazeau, John P. Mccullough, Roger C. Pearson, Debra L. Young, Christopher D. Moore, Mary J. Deits, Robert Wollheim, Krishna Balasubramani, Jo Anne C. Long

Oregon Law Institute, 1997

Course materials from the November 14, 1997 program in Portland

Workers' Compensation And The Compensability Of Attenuated Injuries: "One Man's Stress Is Another Man's Pleasure", Jack Pritchard

Mercer Law Review

The compensability of stroke-related deaths in workers' compensation cases is a hotly contested matter, and the compensability of strokes precipitated by so-called job-stress has run a dividing line between Georgia courts. This Article will provide the reader with the history of the law which gave rise to this particular issue and develop the controversy while determining the reasoning behind the opposing opinions. This Article will also provide the reader with some insight into the practical effects of a Georgia Supreme Court decision on this issue one way or another.

In order to aid the reader in a more complete understanding …

Revisiting The Intersection Of Workers' Compensation And Product Liability: An Assessment Of A Proposed Federal Solution To An Old Problem, Thomas A. Eaton

Scholarly Works

This article addresses a less publicized, but potentially far reaching provision of the Product Liability Legal Reform Act of 1996: the provision pertaining to the intersection of product liability and workers' compensation. The prototypical case is one in which an employee is injured on the job and the injury is caused, at least in part, by a defective product. In many instances, the employer may also be at fault. This scenario potentially calls into play both the product liability and the workers' compensation systems, raising certain relevant questions. Can the employee secure compensation benefits from the employer and tort damages …

Workers' Compensation: Temporary Employees And The Exclusiveness-Of-Remedy Provision, Brian C. Baugh

Kentucky Law Journal

No abstract provided.

Hayes And Mobley: Bridging The Definition Of Disability Under The Ohio Workers' Compensation Act And The Americans With Disabilities Act Of 1990 , Barbara L. Kramer

Cleveland State Law Review

On June 11, 1997, the Supreme Court of Ohio issued decisions in two cases, State ex rel. Hayes v. Industrial Commission and State ex rel. Mobley v. Industrial Commission, in accordance with a ten-year-old definition of permanent total disability (hereinafter PTD) under the Ohio Workers' Compensation Act. This case comment will discuss Hayes and Mobley and the workers' compensation definition of PTD which gave rise to these cases. The case comment will also compare and contrast PTD and the ADA definition of disability. Finally, this case comment will suggest that, the outcome of Issue 2 notwithstanding, Hayes and Mobley can …

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

There have been significant developments in the law of workers' compensation since 1995, when the Annual Survey of Virginia Law last included this topic. The past two years have seen many changes in Virginia workers' compensation through legislation by the General Assembly and by Virginia appellate court decisions. This article focuses on some of the most significant developments with respect to (I) occupational disease claims, (II) injury by accident claims, (III) benefits and coverage under the Workers' Compensation Act, (IV) third party claims, (V) the termination of wage benefits, and (VI) new legislation affecting workers' compensation.

The Emerging Bad Faith Cause Of Action Takes On The Exclusive Remedy Doctrine, Robert R. Potter, Joan T.A. Gabel

Mercer Law Review

The Georgia Workers' Compensation Act ("the Act") and the related regulations establish a system of comprehensive medical coverage and income benefits for employees who suffer work-related injuries. Workers' compensation is a statutory scheme that grants the injured employee a sure remedy of scheduled income benefits and medical coverage without regard to fault; in exchange, the employer and insurer escape the high costs of litigation and the threat of compensatory and punitive damages. Under this quid pro quo, employees injured at work have as their exclusive remedy the workers' compensation system, thereby giving rise to the "exclusive remedy doctrine." The integrity …

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr., Phillip Comer Griffeth

Mercer Law Review

Perhaps the most interesting developments this survey period came from the many opportunities the Georgia Supreme Court had to tackle difficult issues in the workers' compensation arena, especially when the court rarely hears workers' compensation appeals. From what some would call drastic developments in the claimant's burden of proof in change in condition cases, to an examination of Georgia's long-standing requirement of a "physical injury" in psychological claims, the court was faced with some interesting legal arguments. Although these opinions may not require legislative intervention or clarification, the Chairman of the State Board's advisory committee will no doubt continue to …

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

Upjohn Institute Technical Reports

No abstract provided.

Workers' Compensation

Touro Law Review

No abstract provided.

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 …

Ohio's Employment Intentional Tort: A Workers' Compensation Exception, Or The Creation Of An Entirely New Cause Of Action, Marc A. Claybon

Cleveland State Law Review

This note will begin with a review of the history of workers' compensation in Ohio, including the development of the exclusive remedy provision. Next, this note will discuss the types of injuries normally compensated by the Ohio Workers' Compensation Act, followed by an analysis of the Ohio Supreme Court cases and legislation creating an intentional tort exception in Ohio. Finally, this note will critique newly enacted Revised Code section 2745.01, discuss the severe problems associated with an expansive interpretation of the statute, and suggest that continuing legislative reform is needed in this area of law.

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr., Phillip Comer Griffeth

Mercer Law Review

This survey period again saw the introduction of a package of amendments to the Workers' Compensation Act (the "Act") steered through the legislative process by the Chairman of the State Board of Workers' Compensation (the "State Board") and his advisory committee. Though not as dramatic as in past years, subtle changes could have significant impact. The bulk of the amendments arose out of the Board's increasing concern about fraud and abuse in the state's workers' compensation system. Meanwhile, the state's appellate courts continued to tackle the complex issues surrounding compensability of heart attack and psychological injury claims. For the most …

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.

The Employer's/Insurance Carrier's Right To Subrogation Under The Georgia Workers' Compensation Act (O.C.G.A. Section 34-9- 11.1): How Long Will It Last?, Gregory T. Talley

Mercer Law Review

Workers' Compensation laws require an employer to pay workers' compensation benefits to any covered employee injured within the scope of employment regardless of fault. This obligation is unaffected by the fact that the injury requiring the employer to pay benefits is often caused by the negligence of a third party unrelated to the employment relationship. For this reason, most Workers' Compensation Acts provide the innocent employer or insurance carrier a right of subrogation against the recovery from any responsible third party tortfeasor to the extent of benefits paid to the injured employee. This type of reimbursement scheme prevents double recovery …

Evolution In Workers' Compensation Rehabilitation: A Comparative Study Of Professional Attitudes, Chuck Smolkin, Griscelda Massie, Tish Smith, Carole Stolte, Karen Van Dyk

University of Baltimore Law Forum

No abstract provided.

Commentary: Does The Workers' Compensation System Of Maryland Favor The Injured Worker?: No, Ronald J. Levasseur

University of Baltimore Law Forum

No abstract provided.

Mediation Of Industrial Commission Cases, Lex K. Larson

Campbell Law Review

This Article describes the North Carolina system of mediating Industrial Commission cases and discusses some of the important issues that are being faced. Where appropriate, North Carolina's system is placed in the context of what other states are doing.

The Meaning Of "Arising Out Of" Employment In Illinois Workers Compensation Law, 29 J. Marshall L. Rev. 153 (1995), John Dwight Ingram

UIC Law Review

No abstract provided.

Commentary: Does The Workers' Compensation System Of Maryland Favor The Injured Worker?: Yes, William R. Levasseur

University of Baltimore Law Forum

No abstract provided.

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 …

Primary Issues In Compensation Litigation, Commissioner J. Randolph Ward

Campbell Law Review

This Article seeks to aid the practicing attorney with hearing preparation and research by identifying fundamental issuesthose matters that should be stipulated, or will be litigated, in virtually every workers' compensation case-and the grounds on which they are most commonly controverted. Recent amendments to the operative statutes are noted.

The Fairness Requirement For A Workers' Compensation Agreement - The Effect Of Vernon V. Steven L. Mabe Builders, Isabel E. Loytty

Campbell Law Review

This Note provides a history of North Carolina courts' treatment of voluntary settlement agreements prior to Vernon v. Steven L. Mabe Builders. Next, this Note examines the ruling in Vernon, as well as the court's reasoning. The Note then reviews the relevant provisions of the Workers' Compensation Reform Act of 1994 passed by the General Assembly in July, 1994. Finally, the Note addresses the ramifications of the Vernon decision and concludes with a discussion of the decision's effects and the questions it raises.

Survey Of Recent Decisions In The Law Of Workers' Compensation

University of Baltimore Law Forum

No abstract provided.

The Substantial Certainty Exception To Workers' Compensation, Michael Doran

Campbell Law Review

This Article attempts to point toward the correct definition and application of the substantial certainty liability standard, recognizing its foundation in the Woodson and Barrino decisions. This Article also will point out the apparent misapplications of the standard in decisions handed down after Woodson. Finally, in light of the North Carolina Supreme Court's per curiam decision in Owens v. W.K Deal Printing, Inc., which appears to illustrate the court's disapproval of the definition and application of substantial certainty contained in decisions from other courts, this Article will attempt to forecast the direction of future decisions involving this theory of civil …

Annual Survey Of Virginia Law: Workers' Compensation, Wood W. Lay, Bruin S. Richardson Iii

University of Richmond Law Review

The Annual Survey last addressed Virginia Workers' Compensation law in 1992. The Virginia Workers' Compensation Commission [the Commission] decides almost 1500 decisions a year and, on average, 300 of these are appealed to the Court of Appeals of Virginia. Consequently, this article discusses only the most significant developments in workers' compensation between January 1993 and June 1995. In doing so, the article attempts to highlight areas of controversy and inconsistency.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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.