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Workers' Compensation Law Commons

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Articles 721 - 750 of 1235

Full-Text Articles in Workers' Compensation Law

Maryland's Workers' Compensation System Out Of Control, Martha S. Klima Jan 1987

Maryland's Workers' Compensation System Out Of Control, Martha S. Klima

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Staley V. Board Of Education Of Washington County: Attorney's Fees Allowed Even Though Amount Paid In Workers' Compensation Claim Exceeded Total Sum Due Under A Modified Award, Christopher Hale Jan 1987

Recent Developments: Staley V. Board Of Education Of Washington County: Attorney's Fees Allowed Even Though Amount Paid In Workers' Compensation Claim Exceeded Total Sum Due Under A Modified Award, Christopher Hale

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Dade County School Board V. Polite: Florida Accepts The Premises Exception To The Going And Coming Rule For Workers' Compensation Benefits, Robert Lorenzo Kline Iii Jan 1987

Recent Developments: Dade County School Board V. Polite: Florida Accepts The Premises Exception To The Going And Coming Rule For Workers' Compensation Benefits, Robert Lorenzo Kline Iii

University of Baltimore Law Forum

No abstract provided.


American Workers' Compensation - After The Crossroads, Donald T. Decarlo Jan 1987

American Workers' Compensation - After The Crossroads, Donald T. Decarlo

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Montgomery County V. Lake: Employer Not Allowed To Offset Overpayment Of Workers' Compensation Benefits, J. Russell Fentress Iv Jan 1987

Recent Developments: Montgomery County V. Lake: Employer Not Allowed To Offset Overpayment Of Workers' Compensation Benefits, J. Russell Fentress Iv

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Crawley V. General Motors: Dispensing With Disability In Occupational Deafness Claims, Randolph C. Baker Jan 1987

Recent Developments: Crawley V. General Motors: Dispensing With Disability In Occupational Deafness Claims, Randolph C. Baker

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Hughes V. Workmen's Compensation Appeals Board: Payment Of Workers' Compensation Benefits Under Concurrent Employment, Pablo Emilio Lense Jan 1987

Recent Developments: Hughes V. Workmen's Compensation Appeals Board: Payment Of Workers' Compensation Benefits Under Concurrent Employment, Pablo Emilio Lense

University of Baltimore Law Forum

No abstract provided.


Workers' Compensation Rehabilitation In Maryland: An Attitude Survey, Charles Smolkin, Karen Van Dyk, Ron Honberg, James Fitzpatrick, Calvin Brown, Lee Mintz, Joyce Bankoski Jan 1987

Workers' Compensation Rehabilitation In Maryland: An Attitude Survey, Charles Smolkin, Karen Van Dyk, Ron Honberg, James Fitzpatrick, Calvin Brown, Lee Mintz, Joyce Bankoski

University of Baltimore Law Forum

No abstract provided.


Exclusive Remedy Under Workers' Compensation: An Update On Exceptions To The General Rule, Stephen A. Markey Ill Jan 1987

Exclusive Remedy Under Workers' Compensation: An Update On Exceptions To The General Rule, Stephen A. Markey Ill

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Anderson V. Bimblich: Recovery Of Worker's Compensation Benefits Precludes Recovery In Tort Action, Kenneth S. Savell Jan 1987

Recent Developments: Anderson V. Bimblich: Recovery Of Worker's Compensation Benefits Precludes Recovery In Tort Action, Kenneth S. Savell

University of Baltimore Law Forum

No abstract provided.


Stress In The Work Place, Daniel J. Freedenburg M.D. Jan 1987

Stress In The Work Place, Daniel J. Freedenburg M.D.

University of Baltimore Law Forum

No abstract provided.


Wrongful Termination Of Benefits Under The Longshore And Harborworkers' Compensation Act: A Compromise Approach, Gregory L. Russell Jan 1987

Wrongful Termination Of Benefits Under The Longshore And Harborworkers' Compensation Act: A Compromise Approach, Gregory L. Russell

Washington Law Review

While many state supreme courts have considered whether to allow actions against a compensation insurer for intentional infliction of emotional distress and bad faith, the issues have not been clearly settled under one federal compensation statute, the Longshore and Harborworkers' Compensation Act (LHWCA). Three federal courts have apparently adopted different approaches, modeled after the three approaches taken by state courts. This Comment argues that the "Compromise approach," which allows actions based on intentional infliction of emotional distress but rejects actions based on bad faith, is most consistent with the policies underlying the LHWCA and should be followed by the courts.


Permanent Disability Benefits In Workers' Compensation, Monroe Berkowitz, John F. Burton Jan 1987

Permanent Disability Benefits In Workers' Compensation, Monroe Berkowitz, John F. Burton

Upjohn Press

Berkowitz and Burton provide a detailed examination of the adequacy and equity of permanent partial disability benefits, and the efficiency of the system delivering those benefits. A ten-state study is presented that examines states' criteria for awarding scheduled and nonscheduled benefits. Three of those states are then used for a wage-loss study illustrating the relationship among workers' disability ratings, the workers' WC benefits, and losses of earnings caused by work-related injuries.


The Tragedy Of Black Lung: Federal Compensation For Occupational Disease, Peter S. Barth Jan 1987

The Tragedy Of Black Lung: Federal Compensation For Occupational Disease, Peter S. Barth

Upjohn Press

This study details the development of the federal government's Black Lung program and evaluates its policy components.


The New Intoxication Defense For Ohio Employers, Terry A. Donner Jan 1987

The New Intoxication Defense For Ohio Employers, Terry A. Donner

Cleveland State Law Review

Ohio workers' compensation system has been in a state of emergency for the last two years as labor and business groups battled over a series of employee-oriented Ohio Supreme Court decisions. Labor groups hailed these decisions as the vehicle which would propel Ohio's workers' compensation law into the twentieth century. Conversely, business groups condemned the decisions asserting that they exposed Ohio employers to infinite liability and destroyed Ohio's industrial climate. S.B. 307 has changed the face of Ohio's workers' compensation law by revamping the definition of injury, establishing an intentional tort fund, and creating a new intoxication defense for Ohio …


Foreword: Health In The Workplace, Barbara J. Fick Jan 1987

Foreword: Health In The Workplace, Barbara J. Fick

Journal Articles

This article is a brief foreword to the 1987 Notre Dame Law Review Symposium Issue.


Compensating Manufacturers Submitting Health And Safety Data To Support Product Registrations After Ruckelshaus V. Monsanto, Eric E. Boyd Apr 1986

Compensating Manufacturers Submitting Health And Safety Data To Support Product Registrations After Ruckelshaus V. Monsanto, Eric E. Boyd

Indiana Law Journal

No abstract provided.


Should Representation Elections Be Governed By Principles Or Expediency?, Mary Ellen Krug, Michele Gammer Jan 1986

Should Representation Elections Be Governed By Principles Or Expediency?, Mary Ellen Krug, Michele Gammer

Seattle University Law Review

Should the National Labor Relations Board' set aside representation elections because one or more parties has tried to influence the voting with misrepresentation of facts or law? Although the Board is responsible for ensuring fair elections, in Midland National Life Insurance Co. it embraced a rule inconsistent with this statutory responsibility, rejecting the Hollywood Ceramics Co. rule and narrowly limiting Board review of campaign misrepresentations. This Article examines the Midland standard in light of the Board's statutory duty to protect the right of employees to a free and fair choice of collective bargaining representatives. The Article reviews the historical development …


Casenotes: Workmen's Compensation — Permanent Partial Disability — Evidence Of Actual Wages Admissible As A Factor To Be Considered In Determining Claimant's Loss Of Earning Capacity. Hall V. Willard Sand & Gravel Co., 60 Md. App. 260, 482 A.2d 159 (1984), Ralph E. Wilson Iii Jan 1986

Casenotes: Workmen's Compensation — Permanent Partial Disability — Evidence Of Actual Wages Admissible As A Factor To Be Considered In Determining Claimant's Loss Of Earning Capacity. Hall V. Willard Sand & Gravel Co., 60 Md. App. 260, 482 A.2d 159 (1984), Ralph E. Wilson Iii

University of Baltimore Law Review

No abstract provided.


Recent Developments In Virginia Workers' Compensation And Other Employment Laws, Janice R. Moore Jan 1986

Recent Developments In Virginia Workers' Compensation And Other Employment Laws, Janice R. Moore

University of Richmond Law Review

This survey covers Virginia court decisions affecting the employment relation directly or indirectly, including the Virginia Supreme Court, the Virginia Court of Appeals, and published decisions of various circuit courts. Because this subject area has not been included in earlier surveys of Virginia law, this survey covers the years 1985 and 1986. During this time, Virginia courts have interpreted the rights and duties of employers and employees under the workers' compensation and unemployment compensation statutes; they have examined the remedies available under Virginia law for allegedly tortious conduct in the context of a labor dispute; they have reexamined the employment-at-will …


Current Issues In Workers' Compensation, James Robert Chelius Editor Jan 1986

Current Issues In Workers' Compensation, James Robert Chelius Editor

Upjohn Press

This book reports on and offers analysis of a wide ranges of issues related to workers' compensation including administration, state reforms, costs, and reforms.


An Observation About Comparable Worth, George Schatzki Jan 1986

An Observation About Comparable Worth, George Schatzki

Seattle University Law Review

The ultimate legal question is: Does Title VII incorporate the comparable worth doctrine? The courts are saying, "No." Their reasoning is, at best, unpersuasive. Indeed, often their reasoning is nothing more than mere conclusion. Given what I have described briefly as the legal arguments pro and con, one can easily understand that so long as Griggs remains a part of the Title VII scene, there is a rational but not compelling argument to incorporate comparable worth into the Act. How, then, does a court decide? The following discussion is offered not as an example of desirable or undesirable judicial analysis. …


Litigating A Novel Course And Scope Of Employment Issue: Ina Of Texas V. Bryant, J. Thomas Sullivan Jan 1986

Litigating A Novel Course And Scope Of Employment Issue: Ina Of Texas V. Bryant, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.


Workers' Compensation—Supervisory Employees Are Immune From Tort Actions, Hank Jackson Jul 1985

Workers' Compensation—Supervisory Employees Are Immune From Tort Actions, Hank Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.


A Moderate And Restrained Federal Product Liability Bill: Targeting The Crisis Areas For Resolution, Aaron D. Twerski Apr 1985

A Moderate And Restrained Federal Product Liability Bill: Targeting The Crisis Areas For Resolution, Aaron D. Twerski

University of Michigan Journal of Law Reform

In this article I have tried to offer a rational, feasible, and politically acceptable solution to the present product liability crisis. To do this, I have first set out the problem. I explain in Part I how courts have created the crisis by formulating incomprehensible legal standards. In Part II, I examine the difficulties with assessing punitive damages against a defendant. In Part III, I discuss the conflict between the torts and workers' compensation systems. In Part IV, I reflect on the need to protect wholesalers and retailers from needless litigation. Part V suggests that a federal study on the …


Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman Jan 1985

Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman

UIC Law Review

No abstract provided.


Casenotes: Workers' Compensation Law — Coemployee Liability — Injured Employees May Not Recover Damages From Supervisors Or Corporate Officers Absent The Breach Of A Personal Duty Of Care. Athas V. Hill, 300 Md. 133, 476 A.2d 710 (1984), Michael L. Jennings Jan 1985

Casenotes: Workers' Compensation Law — Coemployee Liability — Injured Employees May Not Recover Damages From Supervisors Or Corporate Officers Absent The Breach Of A Personal Duty Of Care. Athas V. Hill, 300 Md. 133, 476 A.2d 710 (1984), Michael L. Jennings

University of Baltimore Law Review

No abstract provided.


Third-Party Action Over Against Workers’ Compensation Employer, Arthur Larson Jan 1985

Third-Party Action Over Against Workers’ Compensation Employer, Arthur Larson

Faculty Scholarship

Wages


The Alaska Workers’ Compensation Law: Fact-Finding, Appellate Review, And The Presumption Of Compensability, Arthur Larson, John Lewis Jan 1985

The Alaska Workers’ Compensation Law: Fact-Finding, Appellate Review, And The Presumption Of Compensability, Arthur Larson, John Lewis

Faculty Scholarship

No abstract provided.


Kentucky Law Survey: Workers' Compensation, Norman E. Harned, Scott A. Bachert Jan 1985

Kentucky Law Survey: Workers' Compensation, Norman E. Harned, Scott A. Bachert

Kentucky Law Journal

No abstract provided.