Workers' Compensation Law Commons^™

Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection, Kyler J. Palmer

DePaul Journal for Social Justice

No abstract provided.

All Work And No Pay: The Massachusetts Overtime Statute And Its Agricultural Exemption, Emily Jordan

Boston College Law Review

At the federal and state level, overtime statutes often contain agricultural exemptions. These exemptions do not require farm owners to pay statutorily mandated overtime compensation to farmworkers who work more than the prescribed workweek. In 1960, the Massachusetts legislature enacted its overtime statute, chapter 151, section 1A of the Massachusetts General Laws, containing an agricultural exemption, as part of a larger remedial response to the Fair Labor Standards Act. In 2019, the Massachusetts Supreme Judicial Court in Arias-Villano v. Chang & Sons Enterprises, Inc. limited the agricultural exemption to only those farmworkers working in harvesting, but not those working in post-harvesting ...

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business and Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business and Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business and Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business and Commercial Law Journal

No abstract provided.

Monsanto: Creator Of Cancer Liability

DePaul Business and Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business and Commercial Law Journal

No abstract provided.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The June 1, 2020 through May 31, 2021 survey period was notable for a limited number of appellate decisions—which included an impactful decision from the Georgia Supreme Court overruling decades of prior precedent—and no legislation.

Compensation For Frivolous Or Vexatious Prosecution, Benjamin Joshua Ong

Research Collection School Of Law

According to section 359(3) of the Criminal Procedure Code, an acquitted accused person may receive compensation if the prosecution was “frivolous or vexatious”. In Parti Liyani v Public Prosecutor, Singapore’s High Court – for the first time – comprehensively discussed what section 359(3) means and how it is to be applied. This article aims to outline and comment on the High Court’s decision, and to highlight several issues which may be explored in future.

One-Shotters Or Have-Nots Should Come Out Ahead In The District Of Columbia’S Private Sector Workers’ Compensation System, But Do They?, Melissa Lin Jones

Journal of the National Association of Administrative Law Judiciary

In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, an analysis of decisions issued by the Compensation Review Board from 2005 – 2019 reveals the Presumption frequently is misapplied. Moreover, contrary to ...

Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones

Journal of the National Association of Administrative Law Judiciary

In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, misapplication of the Presumption makes it more difficult for claimants to prove work-related psychological injuries because they must satisfy additional requirements (including ...

Can Employers Justify Paying Workers Who Return To The Office More Than Those Who Work From Home?, Jared Nai

Research Collection Lee Kong Chian School Of Business

Employers have strong grounds to do so but should avoid differentiating for wrong reasons like presenteeism, Singapore Management University’s Jared Nai says.

Age’S Influence On Workplace Safety, Kelly Muhammad, Cheryl Marcham

Publications

According to the National Safety Council (NSC, n.d.), the total cost of work injuries in 2019 was an estimated $171 billion. This estimate includes wage and productivity losses, medical expenses, administrative expenses and employers’ uninsured costs. In that same year, an estimated 105 million workdays were lost due to injuries (NSC, n.d.). This report does not provide any specific details or any characteristics about the injured. However, knowledge of certain characteristics of the injured such as age can be critical information. This type of information could be useful in the development of workplace hazard prevention and mitigation programs.

Chronic Pain Treatment Guideline, Dean M. Hashimoto

Boston College Law School Faculty Papers

This clinical guideline has been created to consistently improve health care services for injured workers by outlining the appropriate evaluation and treatment processes for the management of chronic pain which has been determined to be work related. The guideline should be used as a tool to guide health care providers of different professional disciplines to provide quality care to injured workers. The guideline is not intended to be a substitute for appropriate medical judgment, and is written to be broad enough to allow for a wide range of diagnostic and treatment modalities, and to purposely allow for philosophical and practice ...

Neck And Back Injury Treatment Guideline, Dean M. Hashimoto

Boston College Law School Faculty Papers

This clinical guideline has been created to improve health care services for injured workers by outlining the appropriate evaluation and treatment processes for the management of work-related neck and back injuries. The guideline should be used as a tool to guide health care providers of different professional disciplines to provide quality care to injured workers. The guideline is not intended to be a substitute for appropriate medical judgment, and is written to be broad enough to allow for a wide range of diagnostic and treatment modalities, and to purposely allow for philosophical and practice differences among professional disciplines of health ...

Medical Volunteers During Pandemics, Disasters, And Other Emergencies: Management Best Practices, John I. Winn, Seth Chatfield, Kevin H. Govern

Seattle Journal of Technology, Environmental & Innovation Law

How best to utilize volunteers^[1] during medical emergencies is an essential part of hospital compliance planning. Onboarding recruited and spontaneous volunteers during crisis situations require careful consideration of multiple legal issues. Volunteer planning becomes more complex if volunteers move across state lines because applicable tort immunity statutes,^[2] compensation limits,^[3]and workers compensation regimes vary significantly from one jurisdiction to another. Effective planning for volunteers requires these and other issues to be addressed well in advance of actual emergencies. Although predicting the scope or severity of any future crisis is impossible, the provided checklist of management best practices ...

Compensation For The Demise Of Employee- التعويض عن وفاة العامل, Prof. Jassim Salem Al-Shamsi

Journal Sharia and Law

As per the Provisions of the Labor Law and the Legislations specifying the Liability for the Harmful Act & Blood Money (Diyah).

Comments on the judgment passed by Sharjah Civil Court of First Instance on 31.5.1995 in the lawsuit No: 215 for the year 1993, the judgment passed by Sharjah Federal Court of Appeal on 15.11.1995 in the appeals No: 16, 168 and 178 for the year 1995 and the judgment of the federal Supreme Court on 8.10.1996 in the Objection No: 74 for the year 18- cassation- Civil.

Our comments on the judgment s ...

Protecting The Workers During Probation Period: A Comparative Study Of The Egyptian, French And Uae Legal Systems- حماية العامل في فترة الاختبار, Dr. Mohammed Bendari

Journal Sharia and Law

The paper starts with a definition of the probation period differentiating it from other definitions, then it tackles the workers protection with regard to agreement on the lapse of right of option, and finally covers safeguarding the worker from unjustified termination during probation period .

The paper is a comparative study of the Egyptian, French and Emirates legal systems.

Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani

Michigan Law Review

A Review of Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era. by Nate Holdren.