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Workers' Compensation Law Commons

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Articles 661 - 690 of 1235

Full-Text Articles in Workers' Compensation Law

University Of Baltimore Law Forum Volume 25 Number 3 (Spring 1995) Front Matter Jan 1995

University Of Baltimore Law Forum Volume 25 Number 3 (Spring 1995) Front Matter

University of Baltimore Law Forum

No abstract provided.


Stress Claims Under The Workers' Compensation Act Of Maryland, Lauren A. Sfekas Jan 1995

Stress Claims Under The Workers' Compensation Act Of Maryland, Lauren A. Sfekas

University of Baltimore Law Forum

No abstract provided.


Update On Occupational Stress Disorders, Daniel J. Freedenburg M.D. Jan 1995

Update On Occupational Stress Disorders, Daniel J. Freedenburg M.D.

University of Baltimore Law Forum

No abstract provided.


Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John G. Blackmon Jr. Dec 1994

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

Mercer Law Review

After the difficult debate surrounding workers' compensation legislation in 1992, few would have thought it possible that the Georgia Legislature would revisit the Workers' Compensation Act (the "Act")' any time soon. Yet, the 1994 General Assembly made a number of substantial changes to the Act, constituting by far the most significant development in workers' compensation law over the survey period. Important case law decisions affected the areas of exclusive remedy, the employment relationship, and heart attack claims.


Change In Condition And New Accident: The Difference Between The Two, Elements Of Each, And Burdens Of Proof, Michael F. Antonowich Dec 1994

Change In Condition And New Accident: The Difference Between The Two, Elements Of Each, And Burdens Of Proof, Michael F. Antonowich

Mercer Law Review

This Article is designed as a survey of the law on the theories of new accident and change in condition. It will compare and contrast these two theories, which compromise one of the most often litigated areas of workers' compensation law. The respective burdens of proof are placed on the employee/claimant and the employer/insurer when either alleges a change in condition, either for the better or for the worse. These burdens are addressed both as to accidents occurring before and after July 1, 1992. Also addressed are the circumstances and attendant outcomes when more than one employer or insurance company …


New Hope For Workers' Compensation Programs, H. Allan Hunt, Rochelle Virginia Habeck Oct 1994

New Hope For Workers' Compensation Programs, H. Allan Hunt, Rochelle Virginia Habeck

Employment Research Newsletter

No abstract provided.


Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh Jul 1994

Go Home Stranger: An Analysis Of Unequal Workers' Compensation Death Benefits To Nonresident Alien Beneficiaries, Adam S. Hersh

Florida State University Law Review

No abstract provided.


Collapsing The Legal Impediments To Indemnification, Clark C. Johnson Jul 1994

Collapsing The Legal Impediments To Indemnification, Clark C. Johnson

Indiana Law Journal

No abstract provided.


The Impact Of Title I Of The Americans With Disabilities Act Of 1990 On Workers' Compensation Law, Ranko Shiraki Oliver Apr 1994

The Impact Of Title I Of The Americans With Disabilities Act Of 1990 On Workers' Compensation Law, Ranko Shiraki Oliver

University of Arkansas at Little Rock Law Review

No abstract provided.


The Arkansas Remedy For Employer Retaliation Against Workers' Compensation Claimants, J. Thomas Sullivan Apr 1994

The Arkansas Remedy For Employer Retaliation Against Workers' Compensation Claimants, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

No abstract provided.


Sullivan V. Scoular Grain Co.: Apportioning The Fault Of Immune Employers, Dale T. Hansen Mar 1994

Sullivan V. Scoular Grain Co.: Apportioning The Fault Of Immune Employers, Dale T. Hansen

BYU Law Review

No abstract provided.


Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt Jan 1994

Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt

University of Richmond Law Review

The Virginia Workers' Compensation Act denies wage loss benefits to partially disabled employees who unjustifiably reject employment procured by their employer which is within their remaining work capacity. Section 65.2-510 of the Virginia Code provides that "[i]f an injured employee refuses employment procured for him suitable to his capacity, he shall only be entitled to the benefits provided for in section 65.2-603 during the continuance of such refusal, unless in the opinion of the Commission such refusal was justified." Essentially, unjustified refusal of selective employment within the employee's work capacity results in a suspension in wage loss benefits until the …


Separation Of Powers Conflicts In The "Reform" Of Arkansas Workers' Compensation Law, J. Thomas Sullivan Jan 1994

Separation Of Powers Conflicts In The "Reform" Of Arkansas Workers' Compensation Law, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.


A Sheep In Wolf's Clothing: Territorialism In The Guise Of Interest Analysis In Cooney V. Osgood Machinery, Inc, Aaron Twerski Jan 1994

A Sheep In Wolf's Clothing: Territorialism In The Guise Of Interest Analysis In Cooney V. Osgood Machinery, Inc, Aaron Twerski

Faculty Scholarship

No abstract provided.


Jurado V. Popejoy Construction Co.: Determining The Constitutionality Of Disparate Awards Of Workers' Compensation Death Benefits To Nonresident Alien Dependents, Mary K. Shannon Jan 1994

Jurado V. Popejoy Construction Co.: Determining The Constitutionality Of Disparate Awards Of Workers' Compensation Death Benefits To Nonresident Alien Dependents, Mary K. Shannon

Villanova Law Review (1956 - )

No abstract provided.


A Current Review Of Workers' Compensation Reform In Florida, Timothy A. Watson, Michael J. Valen Oct 1993

A Current Review Of Workers' Compensation Reform In Florida, Timothy A. Watson, Michael J. Valen

Florida State University Law Review

No abstract provided.


Disability Prevention Among Michigan Employers, 1988-1993, H. Allan Hunt, Rochelle Virginia Habeck, Brett Vantol, Susan M. Scully Sep 1993

Disability Prevention Among Michigan Employers, 1988-1993, H. Allan Hunt, Rochelle Virginia Habeck, Brett Vantol, Susan M. Scully

Upjohn Institute Technical Reports

No abstract provided.


Book Review, Scott D. Rothenberger Jun 1993

Book Review, Scott D. Rothenberger

RISK: Health, Safety & Environment (1990-2002)

Review of: FRED BLOSSER, PRIMER ON OCCUPATIONAL SAFETY AND HEALTH. (The Bureau of National Affairs, Inc. 1992) [374 pp.] Appendices (e.g., forms, OSHA Inspection Procedures, OSHA/EPA Memorandum of Understanding, statute), glossary, index, preface, table of cases. LC 91-43769; ISBN 0-87179-741-0. [$46.00 paper. 1250 23d Street, NW, Ste. 300B; Washington DC 20037.]


The Michigan Disability Prevention Study: Research Highlights, H. Allan Hunt, Rochelle Virginia Habeck Apr 1993

The Michigan Disability Prevention Study: Research Highlights, H. Allan Hunt, Rochelle Virginia Habeck

Upjohn Institute Working Papers

This 3-year collaborative research project was designed to provide empirical evidence to substantiate the impact of various employer policies and practices on the prevention and management of workplace disability. It studied a random sample of 220 Michigan establishments with more than 100 employees from seven different industries who responded to a mail survey in the first half of 1991. The study correlates differences in employer-reported levels of achievement on policy and practice dimensions with performance on disability outcome measures, while controlling for a set of establishment characteristics in a multivariate regression analysis.


Analysis Of Persistence In Employer Injury Rates: Final Report, H. Allan Hunt Mar 1993

Analysis Of Persistence In Employer Injury Rates: Final Report, H. Allan Hunt

Upjohn Institute Technical Reports

No abstract provided.


Wellness Programs In Police Departments And How They Effect Workers' Compensation Claims, Herbert G. Mckee Jr. Jan 1993

Wellness Programs In Police Departments And How They Effect Workers' Compensation Claims, Herbert G. Mckee Jr.

Theses Digitization Project

No abstract provided.


The Credibility Distinction In Kroger Co. V. Morris, Nicole Rovner Beyer Jan 1993

The Credibility Distinction In Kroger Co. V. Morris, Nicole Rovner Beyer

University of Richmond Law Review

The opinion issued by the court of appeals in Kroger Co. v. Morris was both short and, in light of precedent, predictable. The practical consequences of the reasoning used by the court in this and similar cases, however, may be much less predictable than is desirable. The case concerned a Virginia Worker's Compensation Commission decision that contained a finding regarding the credibility of a witness which contradicted the finding of the deputy commissioner who presided at the hearing. The court of appeals held that it is permissible for the worker's Compensation Commission to make a credibility finding which differs from …


Kroger Co. V. Morris: The Diminution Of Hearing Officers, Cullen D. Seltzer Jan 1993

Kroger Co. V. Morris: The Diminution Of Hearing Officers, Cullen D. Seltzer

University of Richmond Law Review

In Kroger Co. v. Morris the Court of Appeals of Virginia reached two contradictory conclusions. On one hand the court held that the Virginia Workers' Compensation Commission could overrule a deputy commissioner's fact findings based solely on evidence contained in the record below. On the other hand, the court concluded that it was itself unable to make such fact findings based solely on the record.


Defining "Disability": The Approach To Follow, Theodore J. St. Antoine Jan 1993

Defining "Disability": The Approach To Follow, Theodore J. St. Antoine

Articles

The definition of "disability" has once again become a central issue in workers' compensation law. I am partly responsible. A decade ago I served as the Governor's Special Counselor on Workers' Compensation. In my Reportto the Cabinet Council on Jobs and Economic Development, I stated: "If I could write on a clean slate, I would prefer to see the Michigan definition brought even closer into the mainstream of American law by declaring that 'disability' means a 'limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work …


Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John C. Blackmon Jr. Dec 1992

Workers' Compensation, H. Michael Bagley, Daniel C. Kniffen, John C. Blackmon Jr.

Mercer Law Review

The year 1992 brought the most comprehensive workers' compensation reform legislation in two decades. Dramatic changes impact the amount and duration of temporary total disability benefits, the definition of change of condition, vocational rehabilitation services in noncatastrophic cases, and the return of subrogation by employers against third party tortfeasors, as well as many other changes in the workers' compensation system, as detailed below.


Framing The Compensation Inquiry, Elizabeth Rolph Apr 1992

Framing The Compensation Inquiry, Elizabeth Rolph

Cardozo Law Review

No abstract provided.


Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf Jan 1992

Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf

Touro Law Review

No abstract provided.


Interpretation Of The Statutory Modification Of Joint And Several Liability: Resisting The Deconstruction Of Tort Reform, Gregory C. Sisk Jan 1992

Interpretation Of The Statutory Modification Of Joint And Several Liability: Resisting The Deconstruction Of Tort Reform, Gregory C. Sisk

Seattle University Law Review

This Article defends RCW 4.22.070 and opposes the deconstruction of legislative tort reform. The Article’s premise is that the legislature did indeed intend to accomplish a significant reform of the liability system and to take a long, purposeful stride toward the implementation of comparative fault as applied to all parties in tort litigation. The Article concludes that the legislature adopted language that adequately, if sometimes imperfectly, achieves that purpose. The Article discusses the following: the meaning of “fault” as applicable through RCW 4.22.070; the nature of the entities to whom fault must be allocated; the responsibility for raising the culpability …


A New Exception To The Exclusivity Provision Of The North Carolina Workers' Compensation Act - Woodson V. Rowland, Debbie Collins Jan 1992

A New Exception To The Exclusivity Provision Of The North Carolina Workers' Compensation Act - Woodson V. Rowland, Debbie Collins

Campbell Law Review

No abstract provided.


Gift Or Loan Of Property Or Credit Of Local Subdivisions Prohibited Jan 1992

Gift Or Loan Of Property Or Credit Of Local Subdivisions Prohibited

Touro Law Review

No abstract provided.