Tuesday, May 3, 2011

Workers Compensation Doctrine

Workers Compensation Doctrine

Workers Compensation- Exclusive Remedy - Casualty Actuarial ...
Workers Compensation- Exclusive Remedy In a Nutshell. Exclusive Remedy Doctrine. The exclusive remedy doctrine, a cornerstone upon which the workers compensation system was built, provides a basic give-and-take situation for addressing work-related injuries and disease: the employee relinquishes ... Document Viewer

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Muni Bankruptcies Set Up War Between Pensioners And Bondholders
In his order this week allowing Stockton, Calif. to enter into bankruptcy proceedings, Judge Christopher Klein admitted he was heading into uncharted territory. ... Read News

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Work In South Carolina? - Law In Action
“This doctrine allows either party to terminate the employment ‘for any reason or no reason’ without being subject to a claim for breach of contract, subject to nar- workers’ compensation commission once you have notified your employer of the incident. ... Fetch Doc

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The Exclusive Remedy Provision State-by-State Survey
Workers’ Compensation Act is the injured employee’s compensation exclusive remedy doctrine in Ohio since the 1982 case of Blankenship v. Cincinnati Milicion (1982) 69 Ohio St. 2d 608, which held that “intentional ... Read Content

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INDUSTRIAL COMMISSION PANEL APPLIES PETRILLO DOCTRINE TO ...
1 INDUSTRIAL COMMISSION PANEL APPLIES PETRILLO DOCTRINE TO WORKERS’ COMPENSATION CLAIMS On February 8, 1999, Panel B of the Industrial Commission in a 2-1 majority decision ... Doc Viewer

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SOMETHING OLD, SOMETHING NEW; SOMEONE BORROWED, SOMEONE TO SUE
Workers’ Compensation Subrogation and Employee Leasing Companies By Gary L. Wickert However, the borrowed servant doctrine can also be used as a defense to third party lawsuits. Where the injured worker and the carrier sue a third party based on ... Retrieve Content

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Workers Compensation Guide
Workers Compensation Guide . Table of Contents . Introduction: The Workers Compensation System 1. Odd Lot Doctrine 139 . Usual Exertion Doctrine140 . Last Injurious Exposure Rule 140 . Peculiar Risk Doctrine 141 . Personal Comfort Doctrine 141 . ... Document Retrieval

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The Remote Site Doctrine In Alaska - Duke Law Scholarship ...
Workers’ compensation should be awarded to Johns because the State, by paying Johns for his travel time, had “impliedly agreed that the em- doctrine.126 Lawrence Allen worked as a cook at a remote site on the Trans-Alaska Pipeline.127 While at work, ... Visit Document

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IN THE SUPREME COURT OF THE STATE OF MONTANA
Doctrine applied to related corporate entities pursuing a joint claim). The common interest doctrine “‘does not extend [to] communications about a joint business strategy Workers’ Compensation Act (WCA), Title 39, chapter 71, MCA, without having to prove ... Read Full Source

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Workers Compensation - United States Mine Rescue Association ...
Workers Compensation Chapter 7 Accident Prevention Manual: Administration & Programs Broadening Exclusive Remedy The expansion of Dual Capacity Doctrine- if the injury was caused by the employers product or a service available to the public. Intentional Tort. ... Access Document

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APPEAL NO. 992018 - Texas Department Of Insurance Home Page
Claimant asks us to apply the access doctrine. Texas Workers= Compensation Commission Appeal No. 950156, decided March 9, 1995, cited Standard Fire Insurance Co. v. Rodriguez , 645 S.W.2d 534, 538 (Tex. App. -San Antonio 1983, writ ... Get Content Here

Workers Compensation Doctrine

EMPLOYMENT LAW Surviving The Special Employment Doctrine
Doctrine and will provide some suggestions on how to get your case in front of a jury. [Workers’ Compensation] provisions, the Courts of Appeal have held that claims for loss of consortium are excluded where the spouse's injury giving rise ... View This Document

Workers Compensation Doctrine

THE CONTINUED EROSION OF THE EXCLUSIVE REMEDY
Workers’ Compensation Act “is the exclusive remedy only for those ‘injuries’that come Exclusive Remedy Doctrine . Since the first Workers’ Compensation Act was enacted, the plaintiff’s bar has actively ... View This Document

Workers Compensation Doctrine

Hydraulics V. Illinois Industrial Commission (also Known As ...
Hydraulics v. Illinois Industrial Commission (also known as “Petrillo Doctrine”) and its Impact on Workers Compensation Cases Travelers WC Claim Services 1 9/2005 ... Get Content Here

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APPEAL NO. 030180 FILED FEBRUARY 24, 2003 CODE ANN. § 401 ...
Discuss the access doctrine and outline a two-pronged test as follows: 1 030180r.doc . 1. [Whether] the employer has evidenced an intention that the particular Workers’ Compensation Commission Appeal No. 960846, decided June 14, 1996. Nor ... Retrieve Content

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WORKERSCOMPENSATION IN RHODE ISLAND
Workers’ compensation law in Rhode Island is comprised of statutes passed by the ODD LOT DOCTRINE disability. Known as the odd lot doctrine, this law allows some injured workers who are partially disabled to receive workers’ compensation for total disability. ... Content Retrieval

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When workers’ Comp Is Not The Exclusive Remedy
Compensation] exclusive remedy doctrine as a defense in order to protect a negligent parent corporation when an employee of its subsidiary a civil case when workers’ compensation benefits are provided is not a “windfall” to the injured worker. ... Fetch This Document

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MISSOURI WORKERSCOMPENSATION CASELAW UPDATE Accident ...
MISSOURI WORKERS’ COMPENSATION CASELAW UPDATE Accident, Injury, Mutual Benefit, Dual Purpose And Personal Comfort Doctrine Johme v. St. John’s Mercy Health Care, 2011 Mo.App. Lexis 1412 ... Doc Retrieval

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WORKERSCOMPENSATION UPDATE WorkersCompensation ...
Provides workers’ compensation insurance for all the subcontractor employees. The Texas Supreme Court’s decision sparked immediate controversy and a response from Convenience doctrine allows small and insignificant deviations from employment but ... Retrieve Full Source

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WorkersCompensation - Mercer University | Walter F ...
Workers’ Compensation by H. Michael Bagley* Daniel C. Kniffen** Katherine D. Dixon*** and Marion H. Martin**** I. INTRODUCTION The 2001-2002 survey period was marked by minimal legislation with doctrine has been inconsistently applied, and many subsequent decisions ... Retrieve Document

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WorkersCompensation Coverage On Executives, Partners And ...
(See Workers' Compensation Manual - downloadable on the TDI site The dual capacity doctrine will probably apply, and underwriters may therefore be reluctant to exclude them. In fact, the Texas Workers’ Compensation Insurance Fund ... Access Doc

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