Workers' Compensation Law Commons^™

Court Defends, Slaps Injured Workers, Gregory S. Munro

Faculty Journal Articles & Other Writings

This article reviews two workers' compensation decisions of the Montana Supreme Court: one (Francetich v. State Compensation Mut. Ins. Fund) which reflects a measure of progress in obtaining adequate compensation for injured workers, and the second (Burris v. Dept. Labor & Indus.) a stark reminder of the fragility of workers' rights in the compensation system.

Annual Survey Of Virginia Law: Workers' Compensation, Mary G. Commander

University of Richmond Law Review

This article reintroduces workers' compensation as a topic given periodic treatment in the Annual Survey of Virginia Law. Prior to the creation of the Virginia Court of Appeals, effective January 1, 1985, the law of workers' compensation had become static and predictable; accordingly, other areas were given priority in the Survey. This article covers selected significant developments in the law since 1985.

Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani

Cleveland State Law Review

Recent national studies have confirmed that workplace stress knows no occupational boundaries and, moreover, threatens the psychological well-being of the United States work force. Stress-related claims are expected to increase through the 1990s, and recent commentators fear that this predicted increase in stress-based claims will destroy some states' workers' compensation systems. Because of the potential for fraudulent claims and costly litigation, many states have moved to define and limit the situations in which workers are eligible for stress-related benefits. Limitations have come in the form of legislative enactments or judicial decisions establishing specific requirements or restrictions regarding stress claims. The …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Internalization Paradox And Workers' Compensation, Keith N. Hylton, Steven E. Laymon

Faculty Scholarship

By providing a scientific link between the compensatory and deterrence goals of tort law, the Pigovian theory of externalities has had an enormous influence on modem torts scholarship and tort doctrine.

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

Mercer Law Review

Having experienced substantial legislative changes in 1990, the workers' compensation pendulum swung back to the appellate courts during the most recent survey period, resulting in equally far-reaching developments. The flurry of appellate decisions is notable for the efforts of Georgia's appellate courts to strike a balance between the humane purposes of the Workers' Compensation Act (the "Act") and the ever-increasing economic burdens placed upon society by both the workers' compensation system and health care in general.

The decisions concerning the parameters of suitable employment, the all-issues statute of limitations, and the exclusive remedy doctrine typify the ebb and flow of …

Worker Learning And Compensating Differentials, W. Kip Viscusi, Michael J. Moore

Vanderbilt Law School Faculty Publications

In the standard compensating wage differential model, workers value their wage and workers' compensation components based on full job risk information. Market forces generate positive wage differentials as ex ante compensation for exposure to relatively high risk. Similarly, market forces generate wage offsets for the increases in ex post risk compensation embodied in workers' compensation benefits. These predictions can be modified to take into account potential imperfections in worker information, as in Viscusi (1979a,b, 1980a,b,d), where the role of learning is incorporated into the worker's decision model. The potential for learning about risks introduces a new market response through worker …

Book Review (Anne Tramposh's Avoiding The Cracks: A Guide To The Workers' Compensation System), Allan M. Wheatcraft

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

ANNE TRAMPOSH, AVOIDING THE CRACKS; A GUIDE TO THE WORKERS' COMPENSATION SYSTEM (Greenwood Press 1991) [216 pp.] Appendices, bibliography, glossary, index, preface. LC-90-21171; ISBN 0-275-93650-3.

Dual Capacity Liability And Co-Employee Company Physicians: Undermining The Integrity Of The Workers' Compensation System, Kim R. Kleppel

Cardozo Law Review

No abstract provided.

Recent Developments In Workers' Compensation, Ruth C. Vance

Law Faculty Publications

No abstract provided.

Renegotiating The Bargain: An Analysis And Evaluation Of Alternatives For Revising The Exclusive Remedy Provision In Maryland's Workers' Compensation Act, Andrea Giampetro-Meyer, Ann M. Balcerzak

University of Baltimore Law Review

No abstract provided.

Osha Regulation Of Low-Exposure Carcinogens: A New Approach To Judicial Analysis Of Scientific Evidence, Victor B. Flatt

Seattle University Law Review

This Article will examine the legal framework governing OSHA risk regulation, the scientific studies and evidence that the judiciary currently accepts for challenging or supporting this regulation, and the effect of this standard of judicial acceptance on OSHA regulation. This Article will then compare the present state of judicial analysis of scientific evidence with alternative analyses in order to determine the most effective means of promoting a level of worker safety regulation that creates the greatest benefit to society within the legal framework established by Congress.

Employer Intentional Torts In Virginia: Proposal For An Exception To The Exclusive Workers' Compensation Remedy, Jodi Parrish Power

University of Richmond Law Review

Workers' compensation is a no-fault system of recovery implemented by statute in every state. Originating in the nature of a compromise, the workers' compensation system is the exclusive remedy between the employee and employer. The majority of states, however, recognize an exception to this exclusivity provision where an employer's actions constitute an intentional tort. Virginia has yet to recognize such an exception by statute or judicial action.

Workers' Compensation And Company Sponsored Events: The High Cost Of Employee Morale, Christine L. Sommer

Cleveland State Law Review

This note explores an employer's potential liability when a worker is injured at a company sponsored event. Part two briefly outlines the history of workers' compensation law placing particular emphasis on the public policies that gave rise to implementation of the workers' compensation system. Part three analyzes workers' compensation statutes, examines the tests used to determine compensability and discusses the effect of exclusive remedy provisions on a worker's tort recovery. The last section discusses the methods used to determine whether injury sustained at a company sponsored event falls within workers' compensation statutes. It asks whether workers' compensation statutes are equipped …

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

Mercer Law Review

Unlike recent years, which saw significant changes in the Georgia Workers' Compensation Act through appellate decisions, the past survey period was. most noteworthy for the actions of the Georgia Legislature. Following months of debate in a study committee, formed by State Senator Harold Dawkins and composed of representatives from industry, labor, insurance, self-insurers, and attorneys, the 1990 Georgia General Assembly passed amendments sponsored by Senator Dawkins and Senator Arthur "Skin" Edge that corrected some longstanding problems in Georgia's workers' compensation laws. This year's Article reviews this new legislation, as well as the appellate decisions affecting workers' compensation.

Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton

Faculty Scholarship

When there is a change of corporate control in a business enterprise a question arises as to whether the new employer should be bound by the predecessor's collective bargaining relationship with the union representing the predecessor's employees. This is known as the successorship problem in labor law.' Successorship doctrine is complex and controversial. Several commentators have attempted to reconcile Supreme Court decisions and to ascertain the assumptions underlying the Court's opinions in this area.2 This Article does not attempt to do this, although paradoxically, the arguments presented may lead to reconciliation of many of the Supreme Court's decisions relating to …

Once Is Enough: A Proposed Bar Of The Injured Employee's Cause Of Action Against A Third Party, Philip D. Oliver

Law Faculty Scholarship

No abstract provided.

The Constitutional Conundrum Of Black Lung Appeals: Two Proposed Solutions, Pete S. Michaels

University of Michigan Journal of Law Reform

Part I of this Article explains the statutory requirements that a black lung benefits claimant must meet and how these claimants' failure to meet statutory prerequisites results in the dismissal of their claims. Part II argues that the current procedures are inadequate to protect the rights of black lung benefits claimants. Dismissal of their claims violates the petitioners' rights to due process of law and pro se representation. Part III proposes two solutions to the crisis. The first proposal is simply a form that would be distributed to all claimants explaining the procedures they must follow to avoid dismissal. Part …

Workers' Compensation - Death Knell Of A Good Samaritan! - Culpepper V. Fairfield Sapphire Valley, Kathleen G. Sumner

Campbell Law Review

First, this Note examines the impact of the Culpepper decision on Workers' Compensation claims involving employees rendering assistance to a third party. Second, the Note also serves as a caveat to employers who establish a general employee policy relating to dealing with the public.

Promoting Safety Through Workers' Compensation: The Efficacy And Net Wage Costs Of Injury Insurance, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

This article explores the effects of workers' compensation on fatality rates and wages using the 1982 Panel Study of Income Dynamics and the new occupational fatality data issued by the National Institute for Occupational Safety and Health. The fatality rate depends upon the workers' compensation benefit variables in a manner that suggests that the safety incentive effects of higher insurance premiums offset any moral hazard effects. The estimates imply that in the absence of workers' compensation, fatality rates would increase by over 20%. Premium levels substantially overstate the cost of workers' compensation, due primarily to a direct wage offset from …

Curing Washington's Occupational Disease Statute: Dennis V. Departmentof Labor And Industries, Lance Palmer

Seattle University Law Review

This Note focuses on the current state of occupational disease coverage under the workers' compensation system in Washington, and will review the legislative history, the administrative interpretation, and the judicial development of the occupational disease law. Further, after setting forth the broad policy goals behind the Industrial Insurance Act and outlining Washington's occupational disease statute, this Note will conclude with a discussion of the supreme court's analytical framework for a fair, workable, and uniform method for adjudicating occupational disease claims in Washington.

Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney

University of Richmond Law Review

The recent explosion of medical malpractice litigation has heralded the era of defensive medicine. Health-care professionals at all levels of the industry have been forced to evaluate both the lawsuit potential as well as the life sustaining potential of every act and treatment.' Since 1981, however, the threat of Acquired Immunodeficiency Syndrome (AIDS) has added a third, more threatening, perspective to the way health-care workers must view their actions. The average doctor or nurse must balance not only the medical and legal significance of every action, but must also consider whether an action might result in exposure to AIDS.

Workers' Compensation—"Current Total Disability Benefits" Are Not Legitimate. Arkansas Secretary Of State V. Guffey, 291 Ark. 624, 727 S.W.2d 826 (1987)., James Dunham

University of Arkansas at Little Rock Law Review

No abstract provided.

Workers' Compensation—"Current Total Disability Benefits" Are Not Legitimate. Arkansas Secretary Of State V. Guffey, 291 Ark. 624, 727 S.W.2d 826 (1987)., James Dunham

University of Arkansas at Little Rock Law Review

No abstract provided.

Retaliatory Firings: The Remedy Under The Texas Workers' Compensation Act, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Workers' Compensation: Wage Effects, Benefit Inadequacies, And The Value Of Health Losses, W. Kip Viscusi, Michael J. Moore

Vanderbilt Law School Faculty Publications

Using the 1977 Quality of Employment Survey in conjunction with BLS risk series and state workers' compensation benefit formulas, the authors assess the labor market implications of workers' compensation. Higher levels of workers' compensation benefits reduce wage levels, and controlling for workers' compensation raises estimates of compensating differentials for risk. The rate of trade-off between wages and workers' compensation suggests that benefit levels provide suboptimal levels of income insurance, abstracting from moral hazard considerations. The value of non-monetary losses from job injuries (including pain and suffering and non-work disability) is estimated to be $17,000-$26,000.

Stapleton V. Westmoreland Coal Company: Toward Making The Interim Presumption Irrebuttable, Michael D. Weikle

West Virginia Law Review

No abstract provided.

Limitations On Workers Bringing Third Party Actions Under Section 58 Of The Workers' Compensation Act, Matthew I. Lynn

University of Baltimore Law Forum

No abstract provided.

Recent Developments: The May Dep't Stores Company V. Harryman: "Business Premises" Under Workmen's Compensation Extended, Margaret E. Swain

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Mcdaniels V. District Of Columbia Dep't Of Employment Servs.: The D.C. Court Of Appeals Holds That Workers' Compensation Claimants Are Entitled To The Lesser Of 66%% Of Average Weekly Wages Or 80% Of Spendable Earnings, Avery B. Berdit

University of Baltimore Law Forum

No abstract provided.