Download or read book The Accidental Republic written by John Fabian Witt and published by Harvard University Press. This book was released on 2009-07-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the five decades after the Civil War, the United States witnessed a profusion of legal institutions designed to cope with the nation’s exceptionally acute industrial accident crisis. Jurists elaborated the common law of torts. Workingmen’s organizations founded a widespread system of cooperative insurance. Leading employers instituted welfare-capitalist accident relief funds. And social reformers advocated compulsory insurance such as workmen’s compensation. John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic.

Download or read book The Law Relating to Compensation for Injuries to Workmen written by Charles Matthew Knowles and published by . This book was released on 1907 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Liability and Compensation Insurance written by Ralph H. Blanchard and published by . This book was released on 2015-07-12 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Liability and Compensation Insurance: Industrial Accidents and Their Prevention, Employers' Liability, Workmen's Compensation, Insurance of Employers' Liability and Workmen's Compensation The inadequacy of the employers' liability principle gave rise to a demand for more liberal legislation and the period beginning with 1911 has been marked by the enactment of workmen's compensation laws granting benefits to workmen for practically all injuries occurring during working hours. Such laws are now in force in thirty-two states and two territories, and an act was passed in 1916 covering all civil employees in the service of the Federal Government. These developments have broadened and intensified the need for insurance to relieve employers of the uncertain and heavy burden of payments to employees and to secure workmen in their rights to receive compensation. To furnish insurance commensurate with these needs both private and governmental agencies have been created and extended. Workmen's compensation and its insurance involve numberless intricate problems, legislative, administrative, and technical. The revolutionary nature of the principle and its rapid adoption have made it difficult to arrive at adequate solutions. Much remains to be done, but the accomplishments of legislators, public and private officials, and insurance scientists have been remarkable, and what might have been a growth of many years has been compressed into six. The work of these six years has been fundamental, precedent has not been allowed to rule, and the future will probably see the development of present principles rather than the discovery of new ones. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Download or read book Costs of Occupational Injuries and Illnesses written by J. Paul Leigh and published by University of Michigan Press. This book was released on 2000 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the debate over health care reform continues, costs have become a critical measure in the many plans and proposals to come before us. Knowing costs is important because it allows comparisons across such disparate health conditions as AIDS, Alzheimer's disease, heart disease, and cancer. This book presents the results of a major study estimating the large and largely overlooked costs of occupational injury and illness--costs as large as those for cancer and over four times the costs of AIDS. The incidence and mortality of occupational injury and illness were assessed by reviewing data from national surveys and applied an attributable-risk-proportion method. Costs were assessed using the human capital method that decomposes costs into direct categories such as medical costs and insurance administration expenses, as well as indirect categories such as lost earnings and lost fringe benefits. The total is estimated to be $155 billion and is likely to be low as it does not include costs associated with pain and suffering or of home care provided by family members. Invaluable as an aid in the analysis of policy issues, Costs of Occupational Injuryand Illness will serve as a resource and reference for economists, policy analysts, public health researchers, insurance administrators, labor unions and labor lawyers, benefits managers, and environmental scientists, among others. J. Paul Leigh is Professor in the School of Medicine, Department of Epidemiology and Preventive Medicine, University of California, Davis. Stephen Markowitz, M.D., is Professor in the Department of Community Health and Social Medicine, City University of New York Medical School. Marianne Fahs is Director of the Health Policy Research Center, Milano Graduate School of Management and Urban Policy, New School University. Philip Landrigan, M.D., is Wise Professor and Chair of the Department of Community Medicine, Mount Sinai Medical Center, New York.

Download or read book The Cumulative Book Index written by and published by . This book was released on 1913 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Workers Compensation Subrogation In All 50 States Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?

Download or read book Longshoremen s and Harbor Workers Compensation Act written by United States. Congress. House. Committee on Education and Labor. Select Subcommittee on Labor and published by . This book was released on 1972 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Annual Report of the Surgeon General of the Public Health Service of the United States written by UNKNOWN. AUTHOR and published by Forgotten Books. This book was released on 1915 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Annual Report of the Surgeon General of the Public Health Service of the United States: For the Fiscal Year, 1915 As previously stated, detailed mention is made of the several activities of the field stations and laboratories under separate appro prieto heads. Many activities of the Hygienic Laboratory also are thus given special mention, the facilities of this station having been freely made use of in the development of the field investigations. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Download or read book American Book Publishing Record Cumulative 1950 1977 written by R.R. Bowker Company. Department of Bibliography and published by . This book was released on 1978 with total page 2506 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Reader s Companion to American History written by Eric Foner and published by HMH. This book was released on 2014-01-14 with total page 1253 pages. Available in PDF, EPUB and Kindle. Book excerpt: An A-to-Z historical encyclopedia of US people, places, and events, with nearly 1,000 entries “all equally well written, crisp, and entertaining” (Library Journal). From the origins of its native peoples to its complex identity in modern times, this unique alphabetical reference covers the political, economic, cultural, and social history of America. A fact-filled treasure trove for history buffs, The Reader’s Companion is sponsored by the Society of American Historians, an organization dedicated to promoting literary excellence in the writing of biography and history. Under the editorship of the eminent historians John A. Garraty and Eric Foner, a large and distinguished group of scholars, biographers, and journalists—nearly four hundred contemporary authorities—illuminate the critical events, issues, and individuals that have shaped our past. Readers will find everything from a chronological account of immigration; individual entries on the Bull Moose Party and the Know-Nothings as well as an article on third parties in American politics; pieces on specific religious groups, leaders, and movements and a larger-scale overview of religion in America. Interweaving traditional political and economic topics with the spectrum of America’s social and cultural legacies—everything from marriage to medicine, crime to baseball, fashion to literature—the Companion is certain to engage the curiosity, interests, and passions of every reader, and also provides an excellent research tool for students and teachers.

Download or read book Proceedings Third National Conference Workmen s Compensation for Industrial Accidents written by National Conference on Workmen's Compensation for Industrial Accidents and published by Good Press. This book was released on 2021-05-19 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Proceedings, Third National Conference Workmen's Compensation for Industrial Accidents" by National Conference on Workmen's Compensation for Industrial Accidents. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.

Download or read book Ethics Serapis Classics written by John Dewey and published by Serapis Classics. This book was released on 2017-10-07 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: The significance of this text in Ethics lies in its effort to awaken a vital conviction of the genuine reality of moral problems and the value of reflective thought in dealing with them. To this purpose are subordinated the presentation in Part I. of historic material; the discussion in Part II. of the different types of theoretical interpretation, and the consideration, in Part III., of some typical social and economic problems which characterize the present. Experience shows that the student of morals has difficulty in getting the field objectively and definitely before him so that its problems strike him as real problems. Conduct is so intimate that it is not easy to analyze. It is so important that to a large extent the perspective for regarding it has been unconsciously fixed by early training. The historical method of approach has proved in the classroom experience of the authors an effective method of meeting these difficulties. To follow the moral life through typical epochs of its development enables students to realize what is involved in their own habitual standpoints; it also presents a concrete body of subject-matter which serves as material of analysis and discussion.

Download or read book Developments in the Law of Industrial Accident written by Lloyd Kirkham Garrison and published by . This book was released on 1939 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Annual Report of the Surgeon General of the Public Health Service of the United States written by UNITED STATES SURGEON. GENERAL and published by Forgotten Books. This book was released on 1916 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Annual Report of the Surgeon General of the Public Health Service of the United States: For the Fiscal Year 1916 Cuba and the West Indies Yellow fever Central America Mexico South America. Sanitary legislation. Summary of State health laws and regulations, 1915 - 16. Morbidity reports Laws requiring the notification of cases of preventable disease Communicable diseases Organization of local health departments Health insurance. Municipal health laws and regulations Summary of court decisions, 1915 - 16 Public-health ordinances and regulations Health authorities. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Download or read book Acts and Resolves as Passed by the Legislature written by and published by . This book was released on 1919 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Employment Law written by Richard Carlson and published by Aspen Publishing. This book was released on 2018-08-24 with total page 1317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Law introduces students to major issues and problems in labor policy and the practice of employment law, moving from one practical or policy area to the next, recalling and expanding students’ understanding or basic legal principles in particular contexts, and introducing laws specially designed for the protection of employees and other individual workers. Updates to the Fourth Edition: Materials current through early 2018 and the early Trump Administration Updated materials on employee status and joint employers in the sharing and gig economy New materials on interns and other student workers proof and rebuttal of mixed motive discrimination on the basis of sexual identity and orientation the “personal comfort” doctrine in workers’ compensation law testing for prescription drugs and “direct observation” rules Employee “concerted action” in “dealing” with employer, including use of social media Updates on the impact of the Affordable Care Act on employee benefit plans the impact of Marijuana legal reform employer electronic surveillance of employees Developments in the law of tortious interference

Download or read book Human Resource Management and Occupational Health and Safety written by Carol Boyd and published by Routledge. This book was released on 2004-03-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Occupational Health and Safety (OHS) is a complex area which interacts widely with a broader spectrum of business interests and concerns. To date OHS has been confined to the periphery of Human Resource Management (HRM), where its role, influence and importance have been overlooked. This text sets out to reposition OHS in HRM and business agendas. This book unravels the complex range of factors affecting OHS policy, practice and outcomes. These factors are then placed into context within the international airline, call centre and nuclear power industries. The author presents a wide range of primary and secondary research in order to offer an accessible framework for OHS in contemporary occupational settings. This book will be essential reading for students, practitioners and professional academic audiences who seek a broader understanding of the relationship and interaction between HRM principles, policies and practices and OHS.