Download or read book Longshoremen s and Harbor Workers Compensation Act written by and published by . This book was released on 1958 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Prevailing Wage Rate Laws written by United States. Bureau of Labor Statistics and published by . This book was released on 1935 with total page 52 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 Discretionary Function written by Jeffrey Axelrad and published by . This book was released on 1989 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Work Incentive Program written by United States. Department of Labor and published by . This book was released on 1978 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Premiums and Losses written by and published by . This book was released on 1921 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Race between Education and Technology written by Claudia Goldin and published by Harvard University Press. This book was released on 2009-07-01 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a careful historical analysis of the co-evolution of educational attainment and the wage structure in the United States through the twentieth century. The authors propose that the twentieth century was not only the American Century but also the Human Capital Century. That is, the American educational system is what made America the richest nation in the world. Its educational system had always been less elite than that of most European nations. By 1900 the U.S. had begun to educate its masses at the secondary level, not just in the primary schools that had remarkable success in the nineteenth century. The book argues that technological change, education, and inequality have been involved in a kind of race. During the first eight decades of the twentieth century, the increase of educated workers was higher than the demand for them. This had the effect of boosting income for most people and lowering inequality. However, the reverse has been true since about 1980. This educational slowdown was accompanied by rising inequality. The authors discuss the complex reasons for this, and what might be done to ameliorate it.

Download or read book Technical and Miscellaneous Revenue Act of 1988 written by United States. Congress and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Worker Centers written by Janice Ruth Fine and published by Cornell University Press. This book was released on 2006 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: As national policy is debated, a locally based grassroots movement is taking the initiative to assist millions of immigrants in the American workforce facing poor pay, bad working conditions, and few prospects to advance to better jobs. Fine takes a comprehensive look at the rising phenomenon of worker centers, fast-growing institutions that improve the lives of immigrant workers through service advocacy and organizing.—from publisher information.

Download or read book Oregon Revised Statutes written by Oregon and published by . This book was released on 2014 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Assessment of the Scientific Information for the Radiation Exposure Screening and Education Program written by National Research Council and published by National Academies Press. This book was released on 2005-10-01 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Radiation Exposure Compensation Act (RECA) was set up by Congress in 1990 to compensate people who have been diagnosed with specified cancers and chronic diseases that could have resulted from exposure to nuclear-weapons tests at various U.S. test sites. Eligible claimants include civilian onsite participants, downwinders who lived in areas currently designated by RECA, and uranium workers and ore transporters who meet specified residence or exposure criteria. The Health Resources and Services Administration (HRSA), which oversees the screening, education, and referral services program for RECA populations, asked the National Academies to review its program and assess whether new scientific information could be used to improve its program and determine if additional populations or geographic areas should be covered under RECA. The report recommends Congress should establish a new science-based process using a method called "probability of causation/assigned share" (PC/AS) to determine eligibility for compensation. Because fallout may have been higher for people outside RECA-designated areas, the new PC/AS process should apply to all residents of the continental US, Alaska, Hawaii, and overseas US territories who have been diagnosed with specific RECA-compensable diseases and who may have been exposed, even in utero, to radiation from U.S. nuclear-weapons testing fallout. However, because the risks of radiation-induced disease are generally low at the exposure levels of concern in RECA populations, in most cases it is unlikely that exposure to radioactive fallout was a substantial contributing cause of cancer.

Download or read book Issues and Performance in the Pennsylvania Workers Compensation System written by Michael D. Greenberg and published by Rand Corporation. This book was released on 2008 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the performance of Pennsylvania's workers' compensation system, focusing on benefits and compensation, workplace safety, medical care, and dispute resolution. The authors find that the system performs fairly well relative to other states, but that it faces challenges in improving safety and in dealing with rising health care costs. The authors discuss future policy options, emphasizing the need for more and better performance data.

Download or read book The 50 State Small Business Regulation Index written by Wayne Winegarden and published by . This book was released on 2015-07-23 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Workers Compensation Policy Review written by and published by . This book was released on 2007 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book AIDS and the Law 6th Edition written by Skinner-Thompson, Scott and published by Wolters Kluwer. This book was released on 2019-12-17 with total page 1370 pages. Available in PDF, EPUB and Kindle. Book excerpt: AIDS and the Law, Sixth Edition AIDS and the Law provides comprehensive coverage of the complex legal issues, as well as the underlying medical and scientific issues, surrounding the HIV epidemic. Covering a broad range of legal fields from employment to health care to housing and privacy rights, this essential resource provides thorough up-to-date coverage of a rapidly changing area of law. AIDS and the Law brings you up-to-date on the latest developments, including: Updates regarding additional consensus that Undetectable = Untransmittable (Chapter 2) Overview of continuing efforts to chip away at the Affordable Care Act (Chapter 2) Discussion regarding states now imposing work requirements for Medicaid (Chapter 9) Analysis of the Trump Administration's many changes to immigration policy, including policing of immigrants seeking public benefits (Chapter 11)Overview of the Department of Justice's decision regarding whether domestic violence can serve as the basis for asylum (Chapter 11) Updates on new Supreme Court precedent regarding exhaustion of administrative remedies under the Prison Litigation Reform Act (Chapter 14) New case law pertaining to the impact of HIV in the family law context (Chapter 13)

Download or read book Disability and Aging Discrimination written by Richard L. Wiener and published by Springer Science & Business Media. This book was released on 2010-11-08 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two things are certain in the contemporary workplace: the aging of employees, and negative attitudes toward them - especially those with disabilities—by younger colleagues and supervisors. Yet related phenomena seem less clear: how do negative stereotypes contribute to discrimination on the job? And how are these stereotypes perceived in legal proceedings? Bringing theoretical organization to an often unfocused literature, Disability and Aging Discrimination offers research in these areas at the same level of rigor as research into racial and gender discrimination. The book applies Social Analytic Jurisprudence, a framework for testing legal assumptions regarding behavior, and identifies controversies and knowledge gaps in age-discrimination and disability law. Chapters provide historical background or present-day context for the prevalence of age and disability prejudices, and shed light on the psychosocial concepts that must be understood, in addition to medical considerations, to make improvements in legal standards and workplace policy. Among the topics covered: • Applying Social Analytic Jurisprudence to age and disability discrimination. • The psychological origins and social pervasiveness of ageism. • Growing older, working more: the boomer generation on the job. • Limitations of the Americans with Disabilities Act. • Disability and procedural fairness in the workplace. • Cross-cultural perspectives on stigma. The first volume of its kind, Disability and Aging Discrimination is essential reading for researchers, forensic and rehabilitation psychologists/psychiatrists, and those involved in the well-being of older and disabled workers.

Download or read book Encyclopedia of Politics of the American West written by Steven L. Danver and published by CQ Press. This book was released on 2013-04-25 with total page 1566 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia of Politics in the American West is an A to Z reference work on the political development of one of America’s most politically distinct, not to mention its fastest growing, region. This work will cover not only the significant events and actors of Western politics, but also deal with key institutional, historical, environmental, and sociopolitical themes and concepts that are important to more fully understanding the politics of the West over the last century.