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 2000 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation was arguably the first widespread social insurance program in the United States--before social security, Medicare, or unemployment insurance--and the most successful form of labor legislation to emerge from the early progressive movement. In A Prelude to the Welfare State, Price V. Fishback and Shawn Everett Kantor challenge widespread historical perceptions by arguing that workers' compensation, rather than being an early progressive victory, succeeded because all relevant parties--labor and management, insurance companies, lawyers, and legislators--benefited from the ruling.

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 Injury Impoverished written by Nate Holdren and published by Cambridge University Press. This book was released on 2020-04-09 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining archival research, critical theory, and gender- and disability-analysis, Nate Holdren argues that Progressive Era reform to employee injury law created new employment discrimination against disabled people and a new injury culture that treated employees and their injuries instrumentally.

Download or read book Medical Fee Schedule written by and published by . This book was released on 1995 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Hibben V Nardone written by and published by . This book was released on 1997 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Review of the Department of Labor s Site Exposure Matrix Database written by Committee on the Review of the Department of Labor's Site Exposure Matrix (SEM) Database and published by National Academies Press. This book was released on 2013-03-28 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with the development of the atomic bomb during World War II, the United States continued to build nuclear weapons throughout the Cold War. Thousands of people mined and milled uranium, conducted research on nuclear warfare, or worked in nuclear munitions factories around the country from the 1940s through the 1980s. Such work continues today, albeit to a smaller extent. The Department of Energy (DOE) is now responsible for overseeing those sites and facilities, many of which were, and continue to be, run by government contractors. The materials used at those sites were varied and ranged from the benign to the toxic and highly radioactive. Workers at DOE facilities often did not know the identity of the materials with which they worked and often were unaware of health risks related to their use. In many instances, the work was considered top secret, and employees were cautioned not to reveal any work-related information to family or others. Workers could be exposed to both radioactive and nonradioactive toxic substances for weeks or even years. Consequently, some of the workers have developed health problems and continue to have concerns about potential health effects of their exposures to occupational hazards during their employment in the nuclear weapons industry. In response to the concerns expressed by workers and their representatives, DOL asked the Institute of Medicine (IOM) to review the SEM database and its use of a particular database, Haz-Map, as the source of its toxic substance-occupational disease links. Accordingly, this IOM consensus report reflects careful consideration of its charge by the committee, and describes the strengths and shortcomings of both. To complete its task, IOM formed an ad hoc committee of experts in occupational medicine, toxicology, epidemiology, industrial hygiene, public health, and biostatistics to conduct an 18-month study to review the scientific rigor of the SEM database. The committee held two public meetings at which it heard from DOL Division of Energy Employee Occupational Illness Compensation (DEEOIC) representatives, the DOL contractor that developed the SEM database, the developer of the Haz-Map database, DOE worker advocacy groups, and several individual workers. The committee also submitted written questions to DOL to seek clarification of specific issues and received written responses from DEEOIC. The committee's report considers both the strengths and weaknesses of the SEM and the Haz-Map databases, recognizing that the latter was developed first and for a different purpose. The committee then discusses its findings and recommends improvements that could be made in both databases with a focus on enhancing the usability of SEM for both DOL claims examiners and for former DOE workers and their representatives. Review of the Department of Labor's Site Exposure Matrix Database summarizes the committee's findings.

Download or read book No Right to Be Idle written by Sarah F. Rose and published by UNC Press Books. This book was released on 2017-02-13 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the late nineteenth and early twentieth centuries, Americans with all sorts of disabilities came to be labeled as "unproductive citizens." Before that, disabled people had contributed as they were able in homes, on farms, and in the wage labor market, reflecting the fact that Americans had long viewed productivity as a spectrum that varied by age, gender, and ability. But as Sarah F. Rose explains in No Right to Be Idle, a perfect storm of public policies, shifting family structures, and economic changes effectively barred workers with disabilities from mainstream workplaces and simultaneously cast disabled people as morally questionable dependents in need of permanent rehabilitation to achieve "self-care" and "self-support." By tracing the experiences of policymakers, employers, reformers, and disabled people caught up in this epochal transition, Rose masterfully integrates disability history and labor history. She shows how people with disabilities lost access to paid work and the status of "worker--a shift that relegated them and their families to poverty and second-class economic and social citizenship. This has vast consequences for debates about disability, work, poverty, and welfare in the century to come.

Download or read book Musculoskeletal Disorders and the Workplace written by Institute of Medicine and published by National Academies Press. This book was released on 2001-05-24 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year workers' low-back, hand, and arm problems lead to time away from jobs and reduce the nation's economic productivity. The connection of these problems to workplace activities-from carrying boxes to lifting patients to pounding computer keyboards-is the subject of major disagreements among workers, employers, advocacy groups, and researchers. Musculoskeletal Disorders and the Workplace examines the scientific basis for connecting musculoskeletal disorders with the workplace, considering people, job tasks, and work environments. A multidisciplinary panel draws conclusions about the likelihood of causal links and the effectiveness of various intervention strategies. The panel also offers recommendations for what actions can be considered on the basis of current information and for closing information gaps. This book presents the latest information on the prevalence, incidence, and costs of musculoskeletal disorders and identifies factors that influence injury reporting. It reviews the broad scope of evidence: epidemiological studies of physical and psychosocial variables, basic biology, biomechanics, and physical and behavioral responses to stress. Given the magnitude of the problem-approximately 1 million people miss some work each year-and the current trends in workplace practices, this volume will be a must for advocates for workplace health, policy makers, employers, employees, medical professionals, engineers, lawyers, and labor officials.

Download or read book Workers Health Workers Democracy written by Alan Derickson and published by Cornell University Press. This book was released on 2019-05-15 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most dangerous work in North America at the turn of the century may have been extracting metal-bearing ore from mountains of hard rock. Beginning in the 1890s miners in the West worked through local unions both to prevent occupational hazards and to assure themselves of adequate health care. Among other projects, they planned, built, and governed more than twenty general hospitals throughout the Western United States and Canada. Workers' Health, Workers' Democracy is an engaging and richly documented account of this first attempt to create a democratically controlled health care system in North America. Focusing on the efforts of local unions, Derickson illuminates the broader history of the Western labor movement, the self-help traditions of rank-and-file workers, and the evolution of health care on the industrial frontier.

Download or read book Workers Compensation Law written by Bevans and published by Cengage Learning. This book was released on 2009 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workersa Compensation Law provides an in-depth look at the day-to-day practice of this field while addressing theoretical aspects that form a critical foundation for this branch of law. Reviews how a worker's compensation case begins and explains activities involved in those cases, such as drafting petitions, presenting cases to an administrative law judge, and bringing an appeal. The theoretical basis of the material is laid out in easy to understand and enjoyable format reinforced with practical real-life examples. Although written with paralegal-specific information, the content includes information vital to anyone dealing with Workersa Compensation issues.

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 Court Decisions on Workmen s Compensation Law written by New York (State). Department of Labor. Bureau of Statistics and Information and published by . This book was released on 1925 with total page 1368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Right Away All at Once written by Greg Brenneman and published by Rosetta Books. This book was released on 2016-02-09 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: An expert in business turnaround shares his inspiring approach to problem-solving: “A fascinating read” (Mitt Romney). Visionary leader Greg Brenneman believes that true business success and personal fulfillment are two sides of the same coin. The techniques that will grow your business will also help you achieve a rich, purposeful, and integrated life. Here, Brenneman takes what he’s learned from turning around or tuning up many businesses—including Continental Airlines and Burger King—and distills it into a simple, clear, five-step roadmap that anyone can follow. He teaches you how to: *prepare a succinct Go Forward plan *build a fortress balance sheet *grow your sales and profits *choose all-star servant leaders *empower your team For more than thirty years, Brenneman has seen these steps foster dramatic results in a variety of business environments. But he also came to realize that he could apply these same principles to improve his life and build a lasting moral legacy. He found he could make better decisions by carefully taking the most important facets of his life—faith, family, friendship, fitness, and finance—into consideration. Brenneman’s inspiring examples, from both his business and his life, demonstrate the astounding effects these steps can have when you apply them—right away and all at once.

Download or read book Drive written by Daniel H. Pink and published by Penguin. This book was released on 2011-04-05 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Times bestseller that gives readers a paradigm-shattering new way to think about motivation from the author of When: The Scientific Secrets of Perfect Timing Most people believe that the best way to motivate is with rewards like money—the carrot-and-stick approach. That's a mistake, says Daniel H. Pink (author of To Sell Is Human: The Surprising Truth About Motivating Others). In this provocative and persuasive new book, he asserts that the secret to high performance and satisfaction-at work, at school, and at home—is the deeply human need to direct our own lives, to learn and create new things, and to do better by ourselves and our world. Drawing on four decades of scientific research on human motivation, Pink exposes the mismatch between what science knows and what business does—and how that affects every aspect of life. He examines the three elements of true motivation—autonomy, mastery, and purpose-and offers smart and surprising techniques for putting these into action in a unique book that will change how we think and transform how we live.

Download or read book The Construction Chart Book written by CPWR--The Center for Construction Research and Training and published by Cpwr - The Center for Construction Research and Training. This book was released on 2008 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Construction Chart Book presents the most complete data available on all facets of the U.S. construction industry: economic, demographic, employment/income, education/training, and safety and health issues. The book presents this information in a series of 50 topics, each with a description of the subject matter and corresponding charts and graphs. The contents of The Construction Chart Book are relevant to owners, contractors, unions, workers, and other organizations affiliated with the construction industry, such as health providers and workers compensation insurance companies, as well as researchers, economists, trainers, safety and health professionals, and industry observers.

Download or read book Workers Compensation Insurance Representative written by National Learning Corporation and published by Career Examination Passbooks. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Workers Compensation Insurance Representative Passbook(R) prepares you for your test by allowing you to take practice exams in the subjects you need to study. It provides hundreds of questions and answers in the areas that will likely be covered on your upcoming exam, including but not limited to: reading and interpreting job-related material; arithmetic calculations preformed on the job; interpretation of data; reading comprehension; and other related areas.