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 The Workers State written by Mark Pittaway and published by University of Pittsburgh Press. This book was released on 2010-11-23 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1956, Hungarian workers joined students on the streets to protest years of wage and benefit cuts enacted by the Communist regime. Although quickly suppressed by Soviet forces, the uprising led to changes in party leadership and conciliatory measures that would influence labor politics for the next thirty years. In The Workers' State, Mark Pittaway presents a groundbreaking study of the complexities of the Hungarian working class, its relationship to the Communist Party, and its major political role during the foundational period of socialism (1944-1958). Through case studies of three industrial centers—Ujpest, Tatabanya, and Zala County—Pittaway analyzes the dynamics of gender, class, generation, skill level, and rural versus urban location, to reveal the embedded hierarchies within Hungarian labor. He further demonstrates how industries themselves, from oil and mining to armaments and textiles, possessed their own unique labor subcultures. From the outset, the socialist state won favor with many workers, as they had grown weary of the disparity and oppression of class systems under fascism. By the early 1950s, however, a gap between the aspirations of labor and the goals of the state began to widen. In the Stalinist drive toward industrialization, stepped up production measures, shortages of goods and housing, wage and benefit cuts, and suppression became widespread. Many histories of this period have focused on Communist terror tactics and the brutal suppression of a pliant population. In contrast, Pittaway's social chronicle sheds new light on working-class structures and the determination of labor to pursue its own interests and affect change in the face of oppression. It also offers new understandings of the role of labor and the importance of local histories in Eastern Europe under communism.

Download or read book The Fissured Workplace written by David Weil and published by Harvard University Press. This book was released on 2014-02-17 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Download or read book The Fair Labor Standards Act written by Ellen C. Kearns and published by Bna Books. This book was released on 1999 with total page 1675 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with background perspective on the Fair Labor Standards Act--and ending with specific litigation issues & strategies--here is your one-source reference to the FLSA & its complex legal applications in today's workplace. A team of eminent specialists from the ABA Section of Labor & Employment Law's Federal Labor Standards Legislation Committee gives you insights & tactics including: . history & coverage of the FLSA . what constitutes a violation of the Act . exemptions to the law--including white-collar jobs & other statutory exemptions . how to determine compensable hours, minimum wage, & overtime compensation . special issues for federal & state workers . proper recordkeeping procedures . consequences for retaliation by employers . enforcement of the law--and remedies for violations . emerging & volatile topics including child labor, homework, hot goods violations, & much more . plus specific litigation strategies to meet nearly any challenge you may face in handling cases affected by the FLSA.

Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Prelude to the Welfare State written by Price V. Fishback and published by University of Chicago Press. This book was released on 2007-11-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation was arguably the first widespread social insurance program in the United States and the most successful form of labor legislation to emerge from the early Progressive Movement. Adopted in most states between 1910 and 1920, workers' compensation laws have been paving seen as the way for social security, Medicare, unemployment insurance, and eventually the broad network of social welfare programs we have today. In this highly original and persuasive work, Price V. Fishback and Shawn Everett Kantor challenge widespread historical perceptions, arguing that, rather than being an early progressive victory, workers' compensation succeeded because all relevant parties—labor and management, insurance companies, lawyers, and legislators—benefited from the legislation. Thorough, rigorous, and convincing, A Prelude to the Welfare State: The Origins of Workers' Compensation is a major reappraisal of the causes and consequences of a movement that ultimately transformed the nature of social insurance and the American workplace.

Download or read book The Fall of the House of Labor written by David Montgomery and published by Cambridge University Press. This book was released on 1987 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the changing ways in which American industrial workers mobilised concerted action in their own interests between the abolition of slavery and the end of open immigration from Europe and Asia. Sustained class conflict between 1916 and 1922 reshaped governmental and business policies, but left labour largely unorganised and in retreat. The House of Labor, so arduously erected by working-class activists during the preceeding generation, did not collapse, but ossified, so that when labour activism was reinvigorated after 1933, the movement split in two. These developments are analysed here in ways which stress the links between migration, neighbourhood life, racial subjugation, business reform, the state, and the daily experience of work itself.

Download or read book Who Rules America Now written by G. William Domhoff and published by Touchstone. This book was released on 1986 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author is convinced that there is a ruling class in America today. He examines the American power structure as it has developed in the 1980s. He presents systematic, empirical evidence that a fixed group of privileged people dominates the American economy and government. The book demonstrates that an upper class comprising only one-half of one percent of the population occupies key positions within the corporate community. It shows how leaders within this "power elite" reach government and dominate it through processes of special-interest lobbying, policy planning and candidate selection. It is written not to promote any political ideology, but to analyze our society with accuracy.

Download or read book A Worker in a Worker s State written by Miklós Haraszti and published by . This book was released on 1977 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Labor Laws for Women in Industry in Indiana written by Bertha Marie Nienburg and published by . This book was released on 1918 with total page 684 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 State Profiles Current Status of Public Sector Labor Relations written by United States. Division of Public Employee Labor Relations and published by . This book was released on 1971 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Employment and Wages of Workers Covered by State Unemployment Insurance Laws written by and published by . This book was released on 1968 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Workers Paradox written by Ruth O'Brien and published by Univ of North Carolina Press. This book was released on 1998 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reinterpreting the roots of twentieth-century American labor law and politics, Ruth O'Brien argues that it was not New Deal Democrats but rather Republicans of an earlier era who developed the fundamental principles underlying modern labor policy. By exam

Download or read book Longshoremen s and Harbor Workers Compensation written by United States. Congress. Senate. Committee on Labor and Public Welfare and published by . This book was released on 1955 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Traqueros written by Jeffrey Marcos Garcilazo and published by University of North Texas Press. This book was released on 2012 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps no other industrial technology changed the course of Mexican history in the United States--and Mexico--than did the coming of the railroads. Tens of thousands of Mexicans worked for the railroads in the United States, especially in the Southwest and Midwest. Construction crews soon became railroad workers proper, along with maintenance crews later. Extensive Mexican American settlements appeared throughout the lower and upper Midwest as the result of the railroad. The substantial Mexican American populations in these regions today are largely attributable to 19th- and 20th-century railroad work. Only agricultural work surpassed railroad work in terms of employment of Mexicans. The full history of Mexican American railroad labor and settlement in the United States had not been told, however, until Jeffrey Marcos Garcílazo's groundbreaking research in Traqueros. Garcílazo mined numerous archives and other sources to provide the first and only comprehensive history of Mexican railroad workers across the United States, with particular attention to the Midwest. He first explores the origins and process of Mexican labor recruitment and immigration and then describes the areas of work performed. He reconstructs the workers' daily lives and explores not only what the workers did on the job but also what they did at home and how they accommodated and/or resisted Americanization. Boxcar communities, strike organizations, and "traquero culture" finally receive historical acknowledgment. Integral to his study is the importance of family settlement in shaping working class communities and consciousness throughout the Midwest.