Workers' Compensation Law Commons^™

Kentucky Workers’ Compensation Laws: Mulling Over The “Agricultural” Exemption, Bennett Z. Tuleja

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Lang V. Municipal Employees’ Retirement System Of R.I., 222 A.3d 912 (R.I. 2019), Hannah L. Devoe

Roger Williams University Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Functional Operation Of Workers’ Compensation Covid Presumptions, Michael C. Duff

All Faculty Scholarship

During 2020, a number of U.S. states implemented workers' compensation COVID-19 presumptions. This short informal paper defines and explains legal presumptions generally and then discusses the workers' compensation presumptions. The paper contends that at this juncture it is not clear whether states intended to enact "Thayer-Wigmore" or "Morgan" presumptions; but if they operate as Thayer-Wigmore presumptions they will not do workers' compensation claimants much good in the context of non-jury proceedings presided over by administrative law judges.

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

Mercer Law Review

The 2019–2020 survey period again featured decisions from the Georgia Court of Appeals over an interesting array of workers’ compensation topics including: robberies, misrepresentations, calculation disputes, and various potential employment situations. There was no legislation of significance during the period.

Consortium And Workers’ Compensation: The Demolition Of Consortium, Michael Green, David M. Layman

Louisiana Law Review

The article discusses issues on spousal consortium claims and workers' compensation in the U.S., including the aspects of compensation for accidental injuries and tort claims.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Compensation For Abused Foreign Domestic Workers: A Problem Of Enforcement, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

In Tay Wee Kiat v Public Prosecutor [2018] 5 SLR 438; [2019] 5 SLR 1033, two offenders who had abused a foreign domestic worker had been ordered to pay her compensation, on pain of a default term of imprisonment. When they failed to pay, the Prosecution applied for the compensation order to be enforced by way of attachment of the offenders’ property or garnishment of debts due to the offenders (“garnishment/attachment orders”). The High Court refused to make garnishment/attachment orders on the grounds that (a) the Prosecution had applied for such orders belatedly; and (b) such orders would lead to …

An Exploration Of Factors That Motivate Human Rights Workers Working In Areas With Armed Conflict In The Philippines, John Francis Hernandez, Jan Nikko Dela Paz, Ethan Cedric Chua, Mendiola Teng-Calleja

Psychology Department Faculty Publications

This study examined the experiences and motivation of human rights workers (HRWs) in areas affected by armed conflict in the Philippines. Six human rights workers from Karapatan responded to semi-structured interviews. Karapatan is a Philippine NGO whose mission is to uphold human rights and document instances of human rights violations. The results described the risks experienced by human rights workers in conflict afflicted areas in the country. Intrinsic factors that motivate HRWs to continuously engage in human rights work despite facing adverse situations include altruism; belief that they are advocating a just cause; feeling a sense of fulfillment; and strongly …

Forum: Some Misconceptions About The Revocation Of Work Passes, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Several work pass holders, including both blue- and white-collar workers, have recently had their work passes revoked after they breached safe distancing rules.

Lhwca Section 905(B) And Scindia: The Confused Tale Of A Legal Pendulum, Thomas C. Galligan, Brian C. Colomb

Louisiana Law Review

The article presents the U.S. Supreme Court case Scindia Steam Navigation Co., Ltd. v. De Los Santos to discuss Section 905(b) of the Longshore and Harbor Workers' Compensation Act (LHWCA), which provided negligence as a course of action in advancing workers' compensation claims.

The Experience Of Immigrants And Low-Wage Workers In The New York Worker's Compensation System, Robert E. Grey

Cardozo Journal of Equal Rights & Social Justice

The workers' compensation system, originally designed to protect low-wage and immigrant workers in hazardous occupations, has eroded over time, disproportionately affecting its intended beneficiaries. Despite initial protections, such as coverage regardless of immigration status, the system now perpetuates disparities, with declining benefits for low-wage workers and systemic barriers to access. The article advocates for reforms to address eligibility, wage replacement, and dependency requirements, emphasizing the need to adapt the system to the modern labor market, including gig economy workers.

Time For Singapore To Address Some Uncomfortable Questions On Its Migrant Workers, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed the need for Singapore to address some uncomfortable questions on migrant workers and to safeguard their wellbeing and interests as well as to protect the rest of the community. He opined that even as we attend to the first order of business to suppress the many Covid-19 clusters in the dormitories, there are broader questions for our society to address based on an honest and thorough appraisal. Assoc Prof Tan believes that a failure to do so might result in us merely tackling the symptoms, and not the causes, …

Variability In U.S. Labor Markets: A Presentation To The Workers’ Compensation Research Institute, Michael Horrigan

Presentations

No abstract provided.

Osha, The Opportunism Police, Jason R. Bent

BYU Law Review

No abstract provided.

J Mich Dent Assoc February 2020

The Journal of the Michigan Dental Association

Every month,The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on the 2020 MDA Annual Session
• A feature covering student perspectives on the Opioid Crisis
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, Headquarters Report, and component news

This issue also includes articles reprinted with permission:

• “Muscle Deprogramming: A Source of Confusion”, …

Say “No” To Discrimination, “Yes” To Accommodation: Why States Should Prohibit Discrimination Of Workers Who Use Cannabis For Medical Purposes, Anne Marie Lofaso, Lakyn D. Cecil

Seattle University Law Review

This Article addresses the question of how the law should treat medical cannabis in the employment context. Using Colorado as a primary example, we argue that states such as Colorado should amend their constitutions and legislate to provide employment protections for employees who are registered medical cannabis cardholders or registered caregivers.

Part I briefly traces the legal regulation of cannabis from an unregulated medicine known as cannabis to a highly regulated illicit substance known as marijuana under the Controlled Substances Act. Our travail through this history reveals, unsurprisingly, an increasing demonization of cannabis throughout the twentieth century. That socio-legal demonization …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

White V. State Of Nevada, 135 Nev. Adv. Op. 67 (Dec. 26, 2019), Katrina Fadda

Nevada Supreme Court Summaries

No abstract provided.