Workers' Compensation Law Commons^™

Section 65.1-7 Of The Virginia Workers' Compensation Act: Do Recent Virginia Supreme Court Decisions Leave The Claimant In No-Man's Land?, P. Fritz Kling

University of Richmond Law Review

The Virginia Workers' Compensation Act provides compensation for employees injured by accident or as a result of occupational disease. An employee who claims an "injury by accident" need not show negligence or fault on the employer's part, but only that the injury was caused by an accident "arising out of and in the course of the employment."

Workers' Compensation For Disease In Virginia: The Exception Swallows The Rule, Elizabeth V. Scott

University of Richmond Law Review

In the last fifteen years, "occupational disease" has become a household word. Thanks to "Sixty Minutes" and Ralph Nader, most Americans have been made aware of the hazards of coal dust, kepone, and vinyl chloride in the workplace. Numerous books have chronicled the plight of affected workers. A specialty in occupational medicine is now offered for physicians, who before had little or no training in recognizing work-related disease. In spite of this increased awareness, most occupational diseases still go unrecog- nized, both by physicians and by the legal system.

Unexplained Accidents And Assaults: The Problems And Burdens Of Proof Under The Texas Workers' Compensation Statute, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram

Faculty Scholarship

Corporations engage in technological activities of benefit to society, but thereby also create new health risks for workers, consumers, and communities. Government regulatory agencies deal with this chronic problem by conducting risk analyses and imposing various duties on private firms. Despite agency efforts and corporate compliance, health risks continue to arise and take their toll. To what extent will private firms voluntarily assume greater responsibility for preventing these health risks? This question is of increasing social importance, because the limitations of regulatory efforts are now obvious, whereas health risks are now being identified at what appears to be an increasing …

The Longshoremen's And Harbor Workers' Compensation Act: Award Requirement For Statutory Assignment Of Longshoreman's Third Party Claim

Washington and Lee Law Review

No abstract provided.

Suicide As A Compensable Claim Under Workers' Compensation Statutes: A Guide For The Lawyer And The Psychiatrist, John Blatt, Christopher P. Bastien

West Virginia Law Review

We live in a highly complex, industrialized environment. Specific work-related events occurring within this context frequently impact negatively on those who are essential to the operation of our industrial system. Often the impact of events produces human misery, suffering and death. Men and women are injured, maimed and killed. Workers' compensation statutes exist to ameliorate the plight of workers and their families through the utilization of compensation in the form of cash-wage benefits and medical care. The economic burden of compensation is ultimately borne by consumers, because the cost of insurance taken out by employers is passed on in the …

Workers' Compensation - A Departure From Precedent Or Past Error Corrected - Rutledge V. Tultex Corp./Kings Yarn, Sharon L. Hartman

Campbell Law Review

This note examines Rutledge in view of the North Carolina Workers' Compensation Act and North Carolina precedent interpreting the Act in the occupational disease area. It focuses on whether the standard adopted by the court is consistent with precedent and the purposes of the Act. Finally, it considers the effect of this standard on the byssinosis victim in proving the necessary causation for a compensable occupational disease.

An Analysis Of The Legal, Social, And Political Issues Raised By Asbestos Litigation, John P. Burns, G. Edward Cassady, Iii, Kenneth B. Cole, Jr., Timothy R. Dodson, Philip E. Holladay, Jr., Paul C. Ney, Jr., Drew T. Parobek, Kimberly Payne, D. Blaine Sanders, L. D. Simmons, Ii, Charles D. Maguire, Jr. Special Project Editor, Laurin Blumenthal Associate Special Project Editor

Vanderbilt Law Review

This Special Project examines the most important issues of the asbestos problem and advocates a congressional solution (1) to relieve the courts of the thousands of present and potential asbestos cases, (2) to protect future claimants' rights to adequate compensation, and (3) to provide for equitable participation by all responsible parties, which, in addition to asbestos manufacturers,include the federal government, insurance companies, and the tobacco industry. The first six parts of the Special Project examine the various issues of asbestos litigation: theories of liability in products liability suits against asbestos manufacturers, causation,defenses, statutory limitations on actions, collateral estoppel, and punitive …

The Causation Issue In Workers'compensation Mental Disability Cases: An Analysis, Solutions, And A Perspective, Lawrence Joseph

Vanderbilt Law Review

Cases under workers' compensation systems that concern mental disabilities present special problems in the determination of causation. In this Article Mr. Joseph argues that the complexities inherent in a decision whether a mental disability has arisen out of employment force administrative agencies and courts in these cases to engage in normative evaluative inquiries. These inquiries, according to Mr. Joseph, result in findings that potentially frustrate the underlying compromise policy of workers' compensation systems; these evaluative decisions create classes of claimants that may be under or over inclusive. Mr. Joseph describes several possible solutions to this problem and concludes by reviewing …

Workers Compensation: The Historical Compromise Revisited, Dianne Pothier

Dianne Pothier Collection

This committee, after our study, declares that our present system of workers' compensation legislation is still fundamentally sound in concept.

- Report to the House of Assembly of the Select Committee on Workers' Compensation, May, 1981

In the last decade health and safety issues in the workplace have gained a special prominence. Across North America new initiatives have been taken in response to an old problem. One aspect subjected to re-evaluation in many jurisdictions is the statutory scheme of workers' compensation. In Nova Scotia a Select Committee of the Legislature was given the mandate to reassess this scheme, and its …

Sydenstricker V. Unipunch Products, Inc.: Contribution And Indemnity Under Mandolidis Theory, Richard M. Yurko Jr.

West Virginia Law Review

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

The Ordinary Disease Exclusion In Virginia's Workers' Compensation Act: Where Is It Going After Ashland Oil Co. V. Bean?, Teri Scott Lovelace

University of Richmond Law Review

Recoverable claims under the Virginia Workers Compensation Act are divided into two categories: injuries by accident and injuries from occupational diseases. Occupational disease coverage has undergone significant expansion in the past decade. Faced with society's demand and its own desire to expand, the Industrial Commission has gradually broadened its interpretation of the Act. The expansion of occupational disease coverage has, however, been significantly hindered by the statutory compensation exclusion for ordinary diseases. Uncertain as to the full effect of this exclusion, the Commission has fluctuated between granting and denying awards for ordinary diseases. The Commission's conflicting treatment of ordinary diseases …

Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian

University of Richmond Law Review

Although sexual harrassment was once a topic discussed so rarely as to be almost taboo, it now is subject to much analysis. Books and articles in magazines and professional journals have helped define the parameters of the problem, treating it both as a sociological phenomenon and as a legal issue. Articles discussing the legal aspects of sexual harassment tend to concentrate exclusively on the arsenal of litigation weapons available to a potential plaintiff, despite the fact that the vast majority of women who experience harassment will choose not to sue, and those who do will often wait years before they …

Glass V. Stahl Specialty Company: Reconciling Third Party's Contribution Rights With Employer's Immunity Under Workers' Compensation, Karin Nyrop

Seattle University Law Review

This note argues that the correct resolution of the tension between the employer’s immunity and the third party’s right of contribution requires balancing the interests of all parties. The employer has an interest in retaining the workers’ compensation law’s exclusive no-fault recovery system; the third party tortfeasor seeks to avoid shouldering the entire liability of another at-fault tortfeasor capable of contribution. At the same time, the employee has a right to full and speedy compensation, and the state has an interest in maintaining the financial stability of its accident fund. This note explores the policies and legal arguments supporting the …

A Guide For Occupational Safety And Health For Legal Services And Community Law Offices, Carol Oppenheimer

Antioch Law Journal

The Occupational Safety and Health Act (OSH Act), passed in 1970, is intended to provide "every working man and woman in the Nation safe and healthful working conditions."' The Occupational Safety and Health Administration (OSHA) enforces the Act; 2 the National Institute for Occupational Safety and Health (NIOSH) does research on workplace hazards and recommends practices and standards for industry. 3 By contrast with the state workers compensation schemes, the underlying purpose of the OSH Act is to prevent occupationally related injuries, disease and death, rather than to compensate the worker once the harm has occurred. The OSH Act, if …

Employers' Workmen's Compensation Obligations And The Bankruptcy Tax Priority, James B. Haines

West Virginia Law Review

No abstract provided.

In Wake Of Mandolidis: A Case Study Of Recent Trials Brought Under The Mandolidis Theory--Courts Are Grappling With Procedural Uncertainties And Juries Are Awarding Exorbitant Damages For Plaintiffs, David A. Mohler

West Virginia Law Review

No abstract provided.

The Need For Workers' Compensation Reform In Ohio's Definition Of Injury: Szymanski V. Halle's Department Store, Ellen L. Knight

Cleveland State Law Review

This Note begins with a background of Ohio Supreme Court limitations on the General Assembly's definition of injury in workers' compensation law. Part IV(C) of this Note will analyze other jurisdiction's approaches to the compensability of physical injury caused by mental stimulus and will discuss other aspects and refinements of personal injury in the course of employment. It is proposed that there is a need for reform in Ohio's construction of "any injury"'-one that will embrace the nationwide trends of "uniformly" compensating workers for both physical and mental injury caused by mental stimulus. Ohio currently excludes both types of injuries. …

Workers' Compensation System In Michigan: A Closed Case Survey, H. Allan Hunt

Upjohn Press

Provides a data base for analysis of workers' comp issues in Michigan, and offers a comparison between cases from insured and self-insured employers.

Miller V. Northside Danzi Construction Company: Immunity, The Contractor-Under Clause And Alaska's Workers' Compensation Act, Timothy R. Gosselin

Seattle University Law Review

In Miller v. Northside Danzi Construction Co., "the Alaska Supreme Court held that a general contractor," required by Alaska's Workers' Compensation Act to pay compensation to an uninsured subcontractor's injured employee, is not immune from liability at common law for the same injuries. Interpreting narrowly the Act's "employer" definition, the court prohibited the general contractor from asserting the exclusive liability defense granted to the primary employer who pays compensation to its injured employee, and thus permitted the injured worker to claim awards under the Act and independently at common law. By allowing the injured employee recovery from the contractor …

Workers' Compensation Reform: A Case Study Of The Legislative Process In Michigan, Robert Vanderlaan, Richard K. Studley

University of Michigan Journal of Law Reform

At a 1979 workers' compensation seminar for the Michigan Legislature, University of Michigan law professor Marcus Plant closed by noting that "[m]y intent was to sketch in broad strokes the background of our workers' disability compensation law. It is my firm belief that wise decisions as to where we should go cannot be made unless we know how we got where we are. " I share Professor Plant's belief. I feel strongly that wise public policy decisions about where we should go next in the reform process depend substantially on a good understanding of how we got where we are …

The Dual Capacity Doctrine In Illinois, Richard H. Chapman

Loyola University Chicago Law Journal

No abstract provided.

Longshoremen And Harbor Workers' Compensation Act: Mutually Exclusive Remedies For Permanent Partial Disability - Potomac Electric Power Company V. Director, Office Of Workers' Compensation Programs, United States Department Of Labor, Et Al.____U.S._____101 S,Ct. 509, 66 L.Ed.2d 446 (1980), Stephen F. White

Maryland Journal of International Law

No abstract provided.

Supplemental Workers' Compensation Awards And The Full Faith And Credit Clause: Thomas V. Washington Gas Light Co., Edward J. Mcgillen

Loyola University Chicago Law Journal

No abstract provided.

Gradually Developed Disabilities: A Dilemma For Workers' Compensation, Tom Arnold

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Act of State Doctrine does not Preclude Inquiry by United States Court into Alleged Repudiation by a Foreign Government of its Obligation Arising from a Purely Commercial Transaction

Admiralty Jurisdiction Extends inland to Automobile Accident Caused by the Negligence of Ship's Crew

Outer Continental Shelf Lands Act Incorporates the Long-Shoremen's and Harbor Worker's Compensation Act, and includes Provisions Depriving Claims by Outer Continental Shelf Employees Injured on the Job against Vessel Ownerbased upon Breach of Warranty of Seaworthiness

University's Restrictive Definition of Domicile, which Precludes Nonimmigrant Aliens from Attaining "In-State" Status for Tuition Purposes, Does not Violate Due Process

Order …

Inflation Protection For Workers' Compensation Claimants In Michigan: A Simulation Study, H. Allan Hunt

Upjohn Press

Explores the idea of a privately funded, publicly administered benefit adjustment program to protect wc beneficiaries from inflation.

Kentucky Law Survey: Workers' Compensation, Norman E. Harned, Richard Miles Hopgood

Kentucky Law Journal

No abstract provided.

Workers' Compensation, Robert R. Potter

Mercer Law Review

This survey article covers a two-year period ending May 31, 1980. During that time, the appellate courts reviewed over 150 cases involving workers' compensation, a selected number of which are discussed and analyzed in this article. Legislative changes have been few since the sweeping revisions which became effective July 1, 1978. The most significant revision was a procedural one limiting appeals in workers' compensation cases beyond the superior court level.' Appeals to the court of appeals are no longer as a matter of right, but are discretionary in the nature of a petition for certiorari. This law, which became effective …