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Workers' Compensation Law Commons

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Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Consortium And Workers’ Compensation: The Demolition Of Consortium, Michael Green, David M. Layman 2020 Louisiana State University Law Center

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 2020 Seattle University School of Law

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 2020 Singapore Management University

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

Research Collection 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 ...


Forum: Some Misconceptions About The Revocation Of Work Passes, Benjamin Joshua ONG 2020 Singapore Management University

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

Research Collection 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 2020 Louisiana State University Law Center

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.


Osha, The Opportunism Police, Jason R. Bent 2020 Brigham Young University Law School

Osha, The Opportunism Police, Jason R. Bent

BYU Law Review

No abstract provided.


When The Going Gets Weird, The Weird Turn Pro*: Management Best Practices In The Age Of Medicinal Marijuana, John I. Winn JD, LLM 2020 Professor of Business Law at the Harry F. Byrd, Jr. School of Business (AACSB) at Shenandoah University

When The Going Gets Weird, The Weird Turn Pro*: Management Best Practices In The Age Of Medicinal Marijuana, John I. Winn Jd, Llm

Roger Williams University Law Review

No abstract provided.


How Come Mary-Jane Is Not On Workers’ Comp?: Requiring Rhode Island Workers’ Compensation Insurers To Reimburse Employees For Medical Marijuana, Devon Q. Toro 2020 Candidate for Juris Doctor, Roger Williams University School of Law

How Come Mary-Jane Is Not On Workers’ Comp?: Requiring Rhode Island Workers’ Compensation Insurers To Reimburse Employees For Medical Marijuana, Devon Q. Toro

Roger Williams University Law Review

No abstract provided.


Mello V. Killeavy, 205 A.3d 454 (R.I. 2019), Kaitlyn Alger 2020 Candidate for Juris Doctor, Roger Williams University School of Law

Mello V. Killeavy, 205 A.3d 454 (R.I. 2019), Kaitlyn Alger

Roger Williams University Law Review

No abstract provided.


The Conservative Challenge To Caring For Compensated Caregivers, Peggie R. Smith 2020 Washington University in St. Louis

The Conservative Challenge To Caring For Compensated Caregivers, Peggie R. Smith

Washington University Journal of Law & Policy

As more households seek home care workers to provide care for elderly and disabled family members, conservative attacks on workers’ unionization efforts threaten to destabilize the industry. This article discusses the supply and demand concerns within the industry, and considers the conservative attack on home care workers. It concludes by exploring the proposed federal domestic workers bill of rights and recommends proactive measures for states to help fortify the industry.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


In Memory Of Professor James E. Bond, Janet Ainsworth 2020 Seattle University School of Law

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.


The Disability Dilemma: Difficulties Involving Erisa Claims For Subjective-Proof Diseases, Courtney D. Keeling 2020 University of Oklahoma College of Law

The Disability Dilemma: Difficulties Involving Erisa Claims For Subjective-Proof Diseases, Courtney D. Keeling

Oklahoma Law Review

No abstract provided.


White V. State Of Nevada, 135 Nev. Adv. Op. 67 (Dec. 26, 2019), Katrina Fadda 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

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

Nevada Supreme Court Summaries

No abstract provided.


Buma V. Providence Porp. Dev., 135 Nev. Adv. Op. 60 (Dec. 12, 2019), E. Sebastian Cate-Cribari 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Buma V. Providence Porp. Dev., 135 Nev. Adv. Op. 60 (Dec. 12, 2019), E. Sebastian Cate-Cribari

Nevada Supreme Court Summaries

The court determined that the Nevada Industrial Insurance Act (NIIA) extends workers’ compensation protections to traveling employees while they are on work trips. The court held that traveling employee cases will use a categorical approach, where workers’ compensation is extended to traveling employees for injuries sustained during activity that can be considered an employment risk or a neutral risk which passes the increased risk test, but not to activities which are considered a personal risk. Activities considered a personal risk fall under the “distinct departure” exception, which requires that no compensation be given for injuries sustained during “personally motivated activities ...


Worker's Compensation, H. Michael Bagley, J. Benson Ward 2020 Mercer University School of Law

Worker's Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2018–2019 survey period featured important legislative changes as well as interesting decisions of the appellate courts addressing workers’ compensation issues on such wide-ranging topics as scheduled break exceptions, the Insolvency Pool, and occupational diseases.

  • Legislative Update
  • Intoxication and Drug Testing
  • Ingress—Egress on Scheduled Breaks
  • Insolvency Pool
  • Evidence in Seeking Catastrophic Designation
  • Exclusive Remedy
  • Attorney's Fees
  • Standard of Review/Occupational Disease


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 2020 Seattle University School of Law

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 ...


Rescuing The Rescuer: Reforming How Florida’S Workers’ Compensation Law Treats Mental Injury Of First Responders, Travis J. Foels 2019 University of Florida Levin College of Law

Rescuing The Rescuer: Reforming How Florida’S Workers’ Compensation Law Treats Mental Injury Of First Responders, Travis J. Foels

Florida Law Review

The 2016 Pulse nightclub shooting in Orlando, Florida was the deadliest terrorist attack in the United States since the September 11 attacks in 2001. With a final death toll of forty-nine people, and fifty-three others wounded, the attack sent shockwaves throughout the city, state, and nation. People sent condolences to the families of those affected, prayers for those taken, and praise to first responders and health care professionals for their hard work and service. What many fail to consider, however, is the lasting effect such a horrific and traumatic event can have on the first responders whose job it is ...


The Federalism Challenges Of Protecting Medical Privacy In Workers' Compensation, Ani B. Satz 2019 Emory University

The Federalism Challenges Of Protecting Medical Privacy In Workers' Compensation, Ani B. Satz

Indiana Law Journal

Under current law, injured workers face a Hobson’s choice: They may file for workers’ compensation or maintain their medical privacy. The reason for this is that § 164.512(l) of the Health Insurance Portability and Accountability Act’s Privacy Rule (HPR) is widely misinterpreted by courts and legislatures as a wholesale waiver of privacy protections for injured workers. Section 164.512(l) excludes workers’ compensation from federal privacy protections that may frustrate the efficient administration of workers’ compensation claims. As the history and intent behind the HPR indicate, § 164.512(l) is premised on the assumption that states will ...


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