Journal articles: 'Workers' Compensation Act 1987'

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O'Malley, Karen, and Howard Donaldson. "A Consultative Rehabilitation Approach in Industry." Journal of Applied Rehabilitation Counseling 17, no. 3 (September 1, 1986): 28–32. http://dx.doi.org/10.1891/0047-2220.17.3.28.

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In 1982, amendments to the Michigan Worker’s Disability Compensation Act mandated a substantial increase in the maximum weekly benefit rate to injured workers (from the 1981 maximum of $210 per week to $307 per week). This rate increase became a focus for cost containment by many state employers. One such employer, Motor Wheel Corporation-Lansing Plant, decided to utilize external rehabilitation consultants to facilitate a higher return to work rate of injured workers to lessen compensation expenditures. This article describes the development and preliminary evaluation of the rehabilitation process within Motor Wheel-Lansing Plant.

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Collins, Kathleen A. "Constitutional Law: U.S. Supreme Court Clarifies Procedural Requirements for Workers’ Compensation Benefits Claim." Journal of Law, Medicine & Ethics 27, no. 2 (June 1999): 198–200. http://dx.doi.org/10.1017/s1073110500012936.

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The U.S. Supreme Court held, in American Manufacturers Mutual Insurance Co. v. Sullivan, 119 S. Ct. 988 (1999), that state workers’ compensation system insurers cannot be sued for withholding health care benefits for work-related injuries while they decide whether the treatment is “reasonable” and “necessary.” The respondents, ten employees and two organizations representing employees who received medical benefits under the Workers’ Compensation Act, brought a 42 U.S.C. § 1983 action against state officials, the Pennsylvania State Workers’ Insurance Fund, private insurers, and the school district, alleging that their due process rights were violated by provisions of the Pennsylvania Workers’ Compensation Act (Act), 77 Pa. Cons. Stat. Ann. § 1 et seq. (West 1992 & Supp. 1998). The Act permits suspension of benefits without notice or opportunity to be heard pursuant to a “utilization review” process.To control costs, Pennsylvania amended its workers’ compensation system in 1993. Under the Act, an employer or its insurer must pay for all reasonable and necessary medical treatment.

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Brigham, Christopher R. "Longshore and Harbor Workers' Compensation Act: Use of AMA Guides." Guides Newsletter 8, no. 2 (March 1, 2003): 1–12. http://dx.doi.org/10.1001/amaguidesnewsletters.2003.marapr01.

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Abstract The US Congress passed the Longshore and Harbor Workers’ Compensation Act (LHWCA) in 1927 to provide coverage to longshore laborers working on navigable waters of the United States when no state workers’ compensation law applied. After amendments that extended and standardized the Act, the Longshore Compensation Act provides more than $670 million in monetary, medical, and vocational rehabilitation benefits to more than 72,000 individuals annually. Under the LHWCA, ratings are performed for “scheduled injuries” (ie, a scheduled member of the body), including upper extremity injuries (excluding the shoulder), lower extremity injuries, and hearing loss. Impairment ratings typically are expressed in terms of whole person permanent impairment, but under the LHWCA impairment is expressed in the smallest applicable body part (eg, an injury of two digits is expressed as a hand rating). Definitions of terms such as injury, disability, and impairment are similar in the LHWCA and the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides). Claims examiners are advised to require any physician selected to evaluate permanent medical impairment to use the AMA Guides, where applicable, to be detailed in their assessment report, and to rate and report permanent impairment according to the AMA Guides. Boxes in the article present portions of the LHWCA that address compensation for disability and the basic elements required to evaluate anatomical impairment.

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Brigham, Christopher R., and Eric Richardson. "Longshore and Harbor Workers' Compensation Act: Use of the AMA Guides1." Guides Newsletter 23, no. 2 (March 1, 2018): 3–8. http://dx.doi.org/10.1001/amaguidesnewsletters.2018.marapr01.

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Abstract The US Congress passed the Longshore and Harbor Workers’ Compensation Act (LHWCA) in 1927; it is administered by the US Department of Labor, Division of Longshore and Harbor Workers’ Compensation (DLHWC), and provides medical benefits, compensation for lost wages, and rehabilitation services to longshoremen, harbor workers, and other maritime workers such as pier, wharf, dock, or terminal workers who are injured during employment or suffer diseases caused or worsened by employment conditions. The LHWCA and the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) similarly define many terms (eg, injury, disability, impairment, permanent). Under the LHWCA, impairment ratings are performed for “scheduled injuries,” and disability benefits are determined by multiplying the percentage of “permanent disability” (eg, “permanent impairment”) for a specific body part by a specified number of weeks. For DLHWC impartial medical specialty evaluations, specific steps are taken to avoid prejudgment of a case, and contested cases are heard before administrative law judges. Physicians who perform impairment ratings should understand not only how to fairly rate permanent impairment according to the AMA Guides but also the specific needs of the groups that request these evaluations. Impairment ratings are required for scheduled injuries, hearing loss, and occupational disease cases covered by the LHWCA; physicians must express extremity ratings as the most distal body part applicable, not as a whole person impairment.

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Kenny, Dianna T. "The Role of the Rehabilitation Provider in Occupational Rehabilitation: Providing for Whom? Part 1: Self-perceptions." Australian Journal of Rehabilitation Counselling 4, no. 2 (1998): 97–110. http://dx.doi.org/10.1017/s1323892200001290.

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Rehabilitation providers were the product of the 1987 Workers' Compensation Act in NSW, Australia. They operate in a complex environment and serve many masters. This paper assesses how rehabilitation providers are faring in the management of workplace injury. Using in depth semi-structured interviews, the self-perceptions of rehabilitation providers are presented. Results indicate that the current practice of rehabilitation providers labours under a heavy load of competing responsibilities, difficult clientele, adversarial stakeholders, economic restraints, and an unwieldy and clumsy workers' compensation system. Specific problems highlighted by rehabilitation providers included the identification of their core business and client group; misconceptions, lack of information and failure of communication among stakeholders; and lack of co-operation and overt and covert obstruction to the rehabilitation process. Rehabilitation providers perceived that they could function most effectively if they developed a genuine, trusting relationship with the injured worker, and educated and supported the treating doctor and employer in the rehabilitation and return to work process. Rehabilitation providers linked employer support of the injured worker to their willingness to provide suitable duties. Early referral was also considered an essential element in successful return to work. It was argued that rehabilitation providers should conceptualise themselves asadvocates for the rehabilitation processrather than for any stakeholder group. This conceptualisation allows the provider to move comfortably between groups of stakeholders, addressing their diverse needs while maintaining their focus on their core business.

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Laci, Amarildo, Armela Maxhelaku, and Ilir Rusi. "Equality at Work and Discrimination in Employment and Occupation." Journal of Educational and Social Research 7, no. 2 (May 24, 2017): 67–72. http://dx.doi.org/10.5901/jesr.2017.v7n2p67.

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Abstract The aim of this paper is to give some general views on international labour standards, regarding equality of opportunity and treatment. It is important to mention that respecting freedom from discrimination, as a fundamental human right, places a great importance in guaranteeing other rights for workers. Equality standards applied by ILO provide methods which aim to fight against discrimination in society and in the workplace of the employers. One part of this paper is focused in analyzing the term “discrimination”, focusing in different forms that can occur at work, the target group which it can affect and measures that can be taken in order to provide equality at work. This paper analyses the scope and the obligations under ILO instruments, such as three fundamental conventions. One of the most important conventions is the convention concerning discrimination regarding occupation and employment, “Discrimination Employment and Occupation” Convention nr. 111. This fundamental convention represents discrimination as every different treatment which has effect on equality of creating same possibilities for everyone in occupation or employment. According to this legal act, it is mandatory the implementation of a national legislation which promotes equality of treatment and opportunity, regarding occupation and employment in general, designed to eliminate all types of different treatment in these fields. This paper is focused especially on analyzing the “Workers with Family Responsibilities” Convention, 1981, which refers to standards on equal treatment and opportunities for both women and men workers. “Workers with Family Responsibilities” Convention, applies to workers with such responsibilities, which restrict their possibilities to involve in an economic activity. The purpose is to provide an effective implementation of standards related to equality of treatment and opportunity for both women and men workers, in order to guarantee free choice of employment to help workers which have family responsibilities and to take into consideration their needs. Furthermore in this paper will be identified the methods that governments should apply, which aim to provide the application of the standard of equal compensation for workers, according to “Equal Remuneration” Convention, 1951 (No. 100).

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Upton, Meg, and Glenn D'Cruz. "Class Act: Melbourne Workers Theatre 1987-2007." Labour History, no. 94 (2008): 203. http://dx.doi.org/10.2307/27516297.

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Hyatt, Douglas E. "Reemployment and Accommodation of Injured Workers Under Ontario's Workers' Compensation Act." Journal of Individual Employment Rights 1, no. 3 (January 1, 1992): 253–62. http://dx.doi.org/10.2190/g09j-fv09-qdu6-ewxj.

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Gunderson, Morley, Douglas Hyatt, and David Law. "Reasonable Accommodation Requirements under Workers' Compensation in Ontario." Articles 50, no. 2 (April 12, 2005): 341–60. http://dx.doi.org/10.7202/051015ar.

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A relatively new and potentially important administrative forum for interpreting the concept of reasonable accommodation has been created by the Ontario Workers' Compensation Act as amended in 1989. The reuised act contained provisions requiring employers to reemploy, and where necessary make reasonable accommodations for, workers following an injury. Though representing an important reformation for the workers' compensation system, accommodation requirements are present in other labour market policy initiatives. This paper discusses the accommodation requirements in other legislation and jurisprudence in Canada, describes the recent reforms to the Ontario Workers' Compensation Act in which accommodation represents an integral component, and outlines the new and emerging jurisprudence under the revised act.

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Ranavaya, Mohammed I., and James B. Talmage. "Impairment and Disability Compensation Systems in the United States." Guides Newsletter 4, no. 6 (November 1, 1999): 1–13. http://dx.doi.org/10.1001/amaguidesnewsletters.1999.novdec01.

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Abstract Although several states use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) when they evaluate individuals with impairments and disabilities, various disability systems exist in the United States. Disability and compensation systems have arisen to ensure that disadvantaged members of society with a medically determinable impairment, which may lead to a disability, have recourse to compensation from various sources, including state and federal workers’ compensation laws, veterans’ benefits, social welfare programs, and legal avenues. Each of these has differing definitions of disability, entitlement, benefits, procedures of claims application, adjudication, and the roles and relative weights assigned to medical vs administrative deliberations. Workers’ compensation statutes were enacted because of inadequacies of recovery from claims for injured workers under common law. Workers’ compensation is a no-fault system adopted to resolve the dilemmas of tort claims by providing automatic coverage to employees injured during the course of employment; in exchange for coverage, employees forego the right to sue the employer except for wanton neglect. Other workers’ compensation programs in the United States include the Federal Employees Compensation Act; the Federal Employers Liability Act (railroads); the Jones Act (Merchant Marine Act); the Longshore and Harbor Workers’ Compensation Act; the Department of Veterans Affairs; Social Security; and private, long-term disability insurance.

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Iglesias, Marcos. "Comorbid Conditions in Workers' Compensation." Guides Newsletter 24, no. 5 (September 1, 2019): 8–13. http://dx.doi.org/10.1001/amaguidesnewsletters.2019.sepoct02.

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Abstract A comorbidity is a concomitant but unrelated pathological or disease process, and comorbid conditions are coexisting medical conditions that are not necessarily compensable in a work-related injury but may affect the individual's treatment and recovery. Many comorbid conditions also are chronic health conditions that may interact with the sequelae of a compensable injury or illness and/or may affect the individual's health and abilities. In addition to the normal physiological changes of age, advancing age increases the number and severity of comorbid conditions, and this article examines three: obesity, diabetes, and heart disease. Obesity is associated with increasing workers’ compensation claims, medical and indemnity claim costs, and lost workdays; it is also a risk factor for type 2 diabetes, cancer, heart disease, and numerous other chronic and serious diseases. Hypoglycemia associated with diabetes can lead to falls and accidents, and diabetes may delay healing, predispose to infection, and cause peripheral neuropathies. Uncontrolled hypertension may be present in half of people with hypertension, leading to increased cardiac risk, especially if procedures or operations are needed. Claimants with comorbid conditions should be identified early in the claims process so claim handlers can use available comorbidity calculators to better plan for higher costs, longer disability, and more complex medical management. Nurse case managers can help the injured worker navigate the health system and act as a liaison between claims staff and medial providers.

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Lee Dahl Hugh. "The judgement on ‘occupational disease in the workers’ compensation act." CHUNG_ANG LAW REVIEW 15, no. 4 (December 2013): 341–79. http://dx.doi.org/10.21759/caulaw.2013.15.4.341.

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Dillender, Marcus. "Potential Effects of the Affordable Care Act on Workers' Compensation." Employment Research 23, no. 2 (April 2016): 1–4. http://dx.doi.org/10.17848/1075-8445.23(2)-1.

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Atmari, Atmari, Budiarsih Budiarsih, and Slamet Suhartono. "Legal Protection of Resigning Workers' Right Over Separation Pay Compensation in Justice Perspective." International Journal of Multicultural and Multireligious Understanding 7, no. 8 (October 1, 2020): 713. http://dx.doi.org/10.18415/ijmmu.v7i8.1998.

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Labor law in Indonesia has not comprehensively provided protection for the rights of resigning workers qualification. Since provisions of labor law does not mention the amount of separation pay for resigning workers. This research is conducted to analyze and find the ratio legis in providing separation pay for resigning workers in the Manpower Act and also the concept of giving separation pay to resigning workers in justice perspective. The research method used in this study is normative legal research by using several approach including philosophical approach, purposive approach, conceptual approach, case approach and historical approach. The result of the study shows that the regulation of separation pay in the Manpower Act is a form of reward for workers given by employers as a reward for devotion and loyalty of workers during a certain period of service. The Regulation of separation pay for resigning workers which reflecting justice is by formulating separation pay for resigning workers equal to the rights of terminated workers because of committing criminal act.

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O’Loughlin, Kate. "From industrial citizen to therapeutic client: the 1987 workers’ compensation ‘reforms’ in NSW." Health Sociology Review 14, no. 1 (August 2005): 21–32. http://dx.doi.org/10.5172/hesr.14.1.21.

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Craig, Lee A. "The Political Economy of Public-Private Compensation Differentials: The Case of Federal Pensions." Journal of Economic History 55, no. 2 (June 1995): 304–20. http://dx.doi.org/10.1017/s0022050700041073.

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Numerous empirical studies indicate that, as a result of rent-seeking behavior, public-sector workers are overcompensated relative to their private-sector counterparts, with pensions representing part of the difference. I present a history of the Federal Employees Retirement Act of 1920 and show that rent seeking by federal workers cannot explain several features of the act. Instead, I argue that the act represented an optimal incentive contract between Congress and civil service employees in which civil servants accepted mandatory retirement and a compensating wage differential in exchange for the federal pension plan.

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Didomenico, Michael. "Injured Riverboat Casino Employees: Jones Act Juries or State Workers' Compensation Remedies?" Gaming Law Review 6, no. 2 (April 2002): 97–100. http://dx.doi.org/10.1089/10921880252853411.

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Barnay, Thomas, Emmanuel Duguet, Christine Le Clainche, and Yann Videau. "An evaluation of the 1987 French Disabled Workers Act: better paying than hiring." European Journal of Health Economics 20, no. 4 (December 18, 2018): 597–610. http://dx.doi.org/10.1007/s10198-018-1020-0.

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Bell, Christopher G. "The Americans with Disabilities Act and injured workers: Implications for rehabilitation professionals and the workers' compensation system." Rehabilitation Psychology 38, no. 2 (1993): 103–15. http://dx.doi.org/10.1037/h0080293.

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Lea, Randall, and William Shaw. "Tools and Resources: Lower Extremity Conditions: Combination vs Duplication." Guides Newsletter 3, no. 1 (January 1, 1998): 4. http://dx.doi.org/10.1001/amaguidesnewsletters.1998.janfeb02.

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Abstract This article discusses uses of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in Australia and New Zealand. In addition to its use in the United States, the AMA Guides also is used in Australia, New Zealand, Canada, and some European countries such as Ireland, the Netherlands, and Norway. Use of the AMA Guides varies from country to country, depending on local workers’ compensation or personal injury legislation. In Australia, the AMA Guides is used in various state systems, but the editions used or recommended may differ. Often, cases in which the impairment predates December 1988 (when the current Commonwealth Workers’ Compensation Act became effective) are assessed in terms of the AMA Guides, Fourth Edition. Although many physicians use the Fourth Edition, others refer to the Table of Disabilities (Div 4/S66 of the New South Wales Workers’ Compensation Act) and Victoria prefers the AMA Guides, Second Edition. At the federal level, Australia has adopted the Guide to the Assessment of the Degree of Permanent Impairment (1989 but under revision at the time of writing). In New Zealand, the Accident Compensation Commission officially adopted use of the AMA Guides, Fourth Edition, in 1997.

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GEANEY, J. "The relationship of workers' compensation to the Americans with Disabilities Act and Family and Medical Leave Act." Clinics in Occupational and Environmental Medicine 4, no. 2 (May 2004): 273–93. http://dx.doi.org/10.1016/j.coem.2004.02.001.

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Čyras, Petras, and Arūnas Jaras. "ŽMONIŲ SAUGA LIETUVOS STATYBOSE/OCCUPATIONAL SAFETY ON CONSTRUCTION SITES OF LITHUANIA." JOURNAL OF CIVIL ENGINEERING AND MANAGEMENT 2, no. 8 (December 31, 1996): 110–16. http://dx.doi.org/10.3846/13921525.1996.10590179.

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Social instability, violation of human rights to work have made the conditions of safe and harmless work worse. 19 mortal, 42 serious and 796 slight accidents occurred on construction sites during 1995 in Lithuania. The main reasons of occupational accidents are violation of work discipline and lack of organization. 24 708 days are lost because of occupational injuries, or in other words 96 builders did not work for the whole year, and 528.9 thousand litas was paid out according to the lists of disablement. The bad state in occupational safety is unprofitable. Besides, old norms and regulations are still valid at the present time, and hundreds of them are approved as far back as 1980. The drawing up of new regulations is just taking place in Lithuania. The compensation system being in force for employees, who work under harmful and hazardous conditions and social security system for those, who had suffered injuries and occupational diseases, do not stimulate employers to create healthy and safe working conditions. The factor of rest can be observed on construction sites. The heads of construction sites entrust the workers themselves to organize the work without the projects of work execution. Instructions on occupational safety and fire protection are just formal. Many of employees work without the employment contracts. Employers start to understand already that it's better to have labour protection service instead of paying fines for violation of labour protection regulations. The intellect and exacting every-day control of labour protection service specialist brings much more benefit for the prevention of occupational accidents than seldom visits of State Labour Inspection inspector to the enterprise or construction sites. The state of occupational safety depends on psychological factors, too. These factors can be grouped into three groups: natural of the human—natural inborn dispositions (the nervous system, memory, attention, the speed of reaction, intellect); psychological peculiarities of personality (the features of human professional activities, leadership, erudition); professional knowledge formed during learning, studying and training. The human psychology determines how the person interprets and copes with the things going on around him and related to him. Two different persons will act differently in the same situation. When a person reacts sensitively to weak and insignificant signals, he will pay attention to preparative and preventive work, think about potential danger and will take care to avoid accident. And vice versa, people who are not sensitive for such signals takes too little care to insure against accidents. It is reasonable to test psychologically an employee before signing an employment contract with him under market circumstances. It will be one of the conditions fulfilled for professional selection, which will decrease expenses for further training and professional activity of an employee. Fatal and serious disasters on construction sites decreased twice in 1995 as compared to 1994. And the total number of accidents decreased by 12 cases only (Table 1). Dynamics of mortal, heavy and slight accidents in 1991–95 is depicted in Fig. 1. The usage of alcohol is closely related to psycho-emotional stress. It has an influence on the accidents, too. 8 employees were killed while being drunk in 1995. It is 42.11% of total number of killed employees. The most dangerous occupations on construction sites are those of auxiliary workers, bricklayers, carpenters, welders and concreters. Majority of accidents happen to the persons who work for less than one year (fatal accidents—8, heavy accidents—16, slight accidents—163, or 44.44%, 41.08%, 32.21%, respectively).

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Neton, James W. "Characterization of Exposures to Workers Covered Under the U.S. Energy Employees Compensation Act." Health Physics 106, no. 2 (February 2014): 249–58. http://dx.doi.org/10.1097/hp.0000000000000008.

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Yospe, Jordan. "U.S. Industries v. Director: “Claim” Versus “Condition” in the Analysis of Workers' Compensation Cases." American Journal of Law & Medicine 12, no. 2 (1986): 273–303. http://dx.doi.org/10.1017/s0098858800008789.

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AbstractUnder most workers' compensation statutes, an injury must “arise out of” and “in the course of” employment in order to qualify as a compensable disability. In U.S. Industries v. Director, the Supreme Court held that the Longshoremen's and Harbor Workers' Compensation Act must be strictly construed to avoid transforming the compensation system into a form of social insurance. In U.S. Industries, the Court denied a disability claim based on an arthritic condition which was manifested while the worker was at home in bed. This Note contends that the Supreme Court neglected to consider pertinent medical realities when analyzing the causation question. Thus, the decision undermines the overall rationale behind workers' compensation legislation. Nonetheless, the Note argues that the case does not relax the requirement of adequately scrutinizing the causative elements underlying any reasonable claim for disability benefits. An analysis adequately accommodating both medical and legal facts, instead of relying upon the vagaries of statutory interpretation, is necessary to improve the efficiency and fairness of workers' compensation disability determinations.

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Lippel, Katherine. "Compensation for Musculoskeletal Disorders in Quebec: Systemic Discrimination against Women Workers?" International Journal of Health Services 33, no. 2 (April 2003): 253–81. http://dx.doi.org/10.2190/jpqd-rt1g-qktk-jf2r.

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Criteria for evaluating workers' compensation claims for occupational disease are strongly linked to medical expertise as supported by scientific study, yet decision-makers are not necessarily familiar with the meaning of these studies. While this is a problem for all claimants, who bear the burden of proving that work caused their injury, the adverse impact of misunderstanding of scientific data can have particular consequences for women, whose work more often appears to be benign. This article reports on a study of empirical data drawn from analysis of 314 workers' compensation appeal tribunal decisions on compensation claims, in Quebec, for musculoskeletal disorders alleged to be related to repetitive work. The study considers randomly selected decisions rendered between 1994 and 1996 on diagnoses of tendonitis, epicondylitis, and carpal tunnel syndrome and, in a follow-up, looks at significant legal decisions by the same tribunals, rendered over a longer period (1987–96). Results indicate that women workers are significantly less likely than their male counterparts to have their occupational disease claims accepted by the appeal tribunal. Evidence suggests that inappropriate overreliance on scientific studies for adjudication purposes contributes to a greater rate of refusal of claims by women workers.

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Bartrip, P. W. J. "Beveridge, Workmen's Compensation and the Alternative Remedy." Journal of Social Policy 14, no. 4 (October 1985): 491–511. http://dx.doi.org/10.1017/s0047279400014999.

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ABSTRACTThe passing of the Workmen's Compensation Act 1897 did not affect an injured worker's rights to sue for damages at common law or under the Employers' Liability Act 1880. However, the evidence suggests that these alternative remedies declined in importance until the 1930s when certain court decisions and acts of Parliament gave them renewed significance. For several reasons Beveridge was antipathetic towards unmodified retention of the alternative remedy, but he proposed the establishment of an official committee for the purpose of making a full inquiry. As a result, the Home Secretary, Herbert Morrison, appointed the Monckton Committee on Alternative Remedies. The Committee's majority report largely endorsed the TUC's viewpoint in recommending maintenance of the alternative remedy. Subsequent legislation, the Law Reform (Personal Injuries) Act, permitted reduction of damages where industrial injuries benefit was secured; otherwise injured workers' rights to sue were perpetuated, albeit with questionable results. Down to the present day the costly alternative remedy survives, despite lack of evidence that it achieves either of its supposed objectives, namely, the compensation of personal injury victims or the deterrence of carelessness.

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Pine, John C., Brian D. Marx, and Cornelis F. de Hoop. "Characteristics of Workers' Compensation Injuries for Logging Operations in Louisiana: 1985-1990." Southern Journal of Applied Forestry 18, no. 3 (August 1, 1994): 110–15. http://dx.doi.org/10.1093/sjaf/18.3.110.

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Abstract The number of reported workers' compensation injuries in logging operations in Louisiana has decreased at a time when the number of employees in logging has increased. Employees with less than 3 yr of employment accounted for 82% of all claims. The percentage of cases involving cuts and lacerations decreased from 1985 through 1990; however, sprains and strains increased, from 15% in 1985 to 28% in 1990, during this period. Back injuries accounted for 15% of injuries. Falls contributed to 13% of injuries. Falling trees were the major cause of fatalities. Truck drivers were 20% of the claimants. Workers who were struck by or against trees or logs resulted in a major cause of lost time injuries to employees, as well as in juries from the use of hand tools, which have decreased, from 25% in 1987 to 13% in 1990. The lower extremities are most vulnerable to injuries in logging operations. Workers' compensation injuries and cost continues to be a major concern for those involved in logging operations, even though the frequency and rate of cases decreased from 1985 to 1990. South. J. Appl. For. 18(3): 110-115.

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Knott, Cynthia L., and G. Steube. "Accounting Compensation Modeling Using The Analytic Hierarchy Process Supporting The Sarbanes-Oxley Act." Journal of Applied Business Research (JABR) 30, no. 2 (February 27, 2014): 599. http://dx.doi.org/10.19030/jabr.v30i2.8429.

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<p>The Sarbanes-Oxley Act (SOA) of 2002 included a wide range of reforms for issuers of publicly traded securities, auditors, corporate board members, and lawyers. It was aimed at deterring and punishing corporate and accounting fraud with severe penalties for wrongdoers, and protecting the interests of workers and shareholders. The SOA along with the economic downturn of 2008 and the subsequent passing of the Dodd-Frank Act has focused additional attention to executive compensation especially for CEOs. This paper proposes that the Analytic Hierarchy Process (AHP) may be useful in developing input to compensation contracts in ways that support regulations and the interests of investors and stockholders. AHP is suggested as a framework to explore when considering the factors that can be used to measure the performance of a CEO. Seven reasons for using AHP for this purpose are presented in this report: (1) emphasizes objectivity and consistency, (2) creates an audit trail for compensation agreements, (3) improves understanding between CEOs and compensation committees, (4) supports review and updating CEO compensation contracts, (5) augments CEO selection, (6) supports SOA and Dodd-Frank Act, and (7) may attract investors.</p>

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Mongeau, S., N. Lightfoot, L. MacEwan, and T. Eger. "Union, employer and compensation system gaps and failures: Workers with injuries perceptions." Work 69, no. 2 (June 24, 2021): 485–95. http://dx.doi.org/10.3233/wor-213493.

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BACKGROUND: Workers who suffered a workplace injury and submitted a claim with the compensation board in Ontario often faced economic and non-economic costs that provoked depressive feelings, family strain, financial strain, and feelings of diminished self-worth. OBJECTIVE: This qualitative descriptive study aimed to understand the perceived gaps and failures associated with the support systems (e.g., union, compensation and employer) that were in place to assist some male underground workers in Sudbury, Ontario, Canada, who had suffered a workplace injury and had a compensation claim. METHODS: Twelve in-depth, in-person, individual, semi-structured interviews were conducted and data were transcribed verbatim and anonymized at the time of transcription. Data analysis followed Braun and Clarke’s guidelines for thematic analysis. RESULTS: Themes that emerged include: unfair and inadequate recognition of an injury; limited communication with stakeholders involved with their claim, including claim adjudicators, challenges when returning to work, and compensation claim system barriers. CONCLUSIONS: Cooperation, collaboration, knowledge transfer, and decreased power imbalances could help to reduce the economic and non-economic strain felt by a worker with an injury. Additionally, a government-funded third-party advocate who knows the medical system, union contracts, the workers’ compensation system, and employer policies and practices could act on behalf of an injured worker.

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Brigham, Cathy V., and Christopher R. Brigham. "Legal Update: Use of the AMA Guides: 2003 Update." Guides Newsletter 8, no. 6 (November 1, 2003): 4–6. http://dx.doi.org/10.1001/amaguidesnewsletters.2003.novdec02.

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Abstract The AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) is widely used in federal workers’ compensation, Longshore and Harbor Workers’ Act, and automobile casualty (personal injury) cases. The AMA Guides, Fifth Edition, is widely used, but not all state workers’ compensation systems make use of the current edition; in fact, relevant state statutes may or may not specify which edition of the AMA Guides to use and how to do so. Thirty-six states make use of the AMA Guides within their workers’ compensation systems, and 23 states use the Fifth Edition. Eleven states use the AMA Guides, Fourth Edition: Alabama, Arkansas, Connecticut, Delaware, Indiana (both Fourth and Fifth Editions), Kansas, Maine, Maryland, South Dakota, Texas, and West Virginia. Two states use the Third Edition, Revised: Colorado and Oregon. Some states do not use the AMA Guides and instead rely on state specific guidelines, and these include California, Florida, Illinois, Minnesota, New York, North Carolina, Utah, and Wisconsin. Other states may use their own guidelines for specific issues and use the AMA Guides for other issues (eg, state of Washington). Some states do not specify the use of any specific guidelines, including Michigan, Mississippi, Missouri, Nebraska, New Jersey, South Carolina, and Virginia. A table summarizes state statutes dealing with rating impairment in workers’ compensation cases, including AMA Guides edition most used, statute/code, comments, and relevant websites.

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Brigham, Christopher R. "Body Member Impairments: Scheduled Awards and the Federal Employees' Compensation Act." Guides Newsletter 15, no. 5 (September 1, 2010): 1–11. http://dx.doi.org/10.1001/amaguidesnewsletters.2010.sepoct01.

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Abstract This article focuses on the use of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in evaluating Office of Workers’ Compensation Programs (OWCP), Federal Employees’ Compensation Act (FECA) scheduled loss cases for an accepted work-related condition. Effective May 1, 2009, the Division of Federal Employees’ Compensation (DFEC), which administers FECA, adopted the AMA Guides, Sixth Edition, noting that DFEC has used the AMA Guides for more than fifty years, dating back to the first Guide for Extremities and Back (1958). The scheduled award provision of the OWCP FECA and implementing regulations set forth the number of weeks of compensation to be paid for permanent loss, or loss of use, of body members listed in the schedule. The FECA regulations that define impairment are consistent with the definition provided in the AMA Guides, Sixth Edition, except for impairments of the lungs. Also, pain is included as a component of the medical condition (diagnosis) and should not be measured separately unless the pain does not correlate with objective findings or bodily dysfunction. The article includes several special determinations under FECA, including loss of body parts, loss of hearing or vision, loss of function of bodily organs, lung impairment, and impairments in other organs.

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Uejo, Craig, and Phil Walker. "Erroneous Impairment Ratings Companion: Impairment Rating Critique and the Longshore and Harbor Workers’ Compensation Act." Guides Newsletter 11, no. 4 (July 1, 2006): 10–11. http://dx.doi.org/10.1001/amaguidesnewsletters.2006.julaug03.

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Abstract A 2005 Benefits Review Board decision by the US Department of Labor, Peter J. Desjardins vs Bath Iron Works Corporation affirmed a decision and order (2004-LHC-1364) regarding the utility of impairment rating critique. The administrative law judge credited the rating opinion of an expert physician reviewer (who had not seen the claimant) over that of the treating physician. The claimant's physician was awarded 20% upper extremity impairment, but, following the review and opinion of an expert reviewer, the award was reduced to 4%. The claimant appealed, largely on the argument that the expert reviewer had reviewed the report by the patient's physician, not the claimant himself and that the expert's opinion properly relied on the correct use of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides). The appeals judges noted that the administrative judge properly noted that the AMA Guides was suitable for use (and was the basis of the treating physician's award). The administrative law judge found that the expert reviewer's opinion was based on the specifics of the present case and on his knowledge and application of the AMA Guides, which together warranted determinative weight, based on the expert reviewer's credentials, experience, and well-reasoned opinion. This decision confirms that expert reviewers can provide evidence for the fact finder to evaluate the treating physician's opinion to determine if it is well reasoned and documented.

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Grigalunas, Thomas A., James J. Opaluch, Deborah French, and Mark Reed. "THE NATURAL RESOURCE DAMAGE ASSESSMENT MODEL FOR COASTAL AND MARINE ENVIRONMENTS (NRDAM/CME)1." International Oil Spill Conference Proceedings 1987, no. 1 (April 1, 1987): 541–45. http://dx.doi.org/10.7901/2169-3358-1987-1-541.

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ABSTRACT This paper describes the Natural Resouce Damage Assessment Model for Coastal and Marine Environments (NRDAM/CME) developed by the authors for the U.S. Department of the Interior. The NRDAM/CME is to be used for type A, simplified assessments of damages to natural resources in coastal and marine environments under the Comprehensive Environmental Response, Compensation and Liability Act of 1980. Given limited information supplied by an authorized official after a discharge or release covered by the act, the model simulates the physical fates, biological effects, and economic damages resulting from the incident.

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Butler, Richard J., William G. Johnson, and Marjorie L. Baldwin. "Managing Work Disability: Why First Return to Work is Not a Measure of Success." ILR Review 48, no. 3 (April 1995): 452–69. http://dx.doi.org/10.1177/001979399504800305.

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Studies of the effectiveness of medical and vocational rehabilitation and the disincentive effects of workers' compensation benefits frequently assume that a return to work signals the end of the limiting effects of injuries. This study is the first to test that assumption empirically. The authors use a rich data set on Ontario workers with permanent partial impairments resulting from injuries that occurred between 1974 and 1987 to show that the effects of injuries on employment are more enduring than previous studies indicate. The rate of successful returns to employment, measured by first return to work, is 85%, but the rate of success evaluated over a longer time period is only 50%.

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Jang, Eun-Chul, and Soon-Chan Kwon. "Recent Changes to Improve the Process of Compensation of Occupational Diseases in Workers Covered by the Industrial Accident Compensation Insurance Act." Soonchunhyang Medical Science 24, no. 1 (June 30, 2018): 68–72. http://dx.doi.org/10.15746/sms.18.011.

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Sabtohadi, Joko. "Does the Organizational Commitment Act as a Mediator of the Impact of the Organizational Culture and Compensation on the Performance of Employees?" Jurnal Manajemen Indonesia 20, no. 3 (December 28, 2020): 194. http://dx.doi.org/10.25124/jmi.v20i3.3516.

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The aim of this study was to examine the impact of organizational culture and compensation on the performance of employees and the indirect impact of organizational culture and compensation on the performance of employees through organizational commitment. Based on the study's goals, this study used a quantitative approach. Primary data collection analysis has been carried out using survey techniques. The study was conducted on 56 respondents who were Balitbangda workers, Kutai Kartanegara Regency. Review of the data used in this analysis using SEM-PLS. The results demonstrated the impact of the organizational culture, the compensation and the organizational commitment to the success of the business. Keywords—Organizational culture; Compensation; Organizational Commitment; Employee Performance

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Andres, Robert O. "Litigation Focused on Ergonomic Issues - A Case Study." Proceedings of the Human Factors and Ergonomics Society Annual Meeting 61, no. 1 (September 2017): 494–97. http://dx.doi.org/10.1177/1541931213601606.

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The railroad industry in the U.S. is regulated by the Federal Railroad Administration (FRA), who keeps records of injuries and illnesses in the industry. Over 40% of FRA reportable injuries are due to strains and sprains, and have been for decades. Railroad workers are not covered by workers compensation, so they must resort to the Federal Employee Liabilities Act (FELA) for compensation for injuries or illnesses when claims are disputed. The example case here involved a railroad employee who worked as a conductor and locomotive engineer for 19 years, during which time he developed cervical and lumbar spine disorders. This case study reviews the opposing opinions of ergonomists engaged on each side of the dispute, and the respective methodologies employed to support those opinions.

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MARKHAM LESTER, V. "THE EMPLOYERS' LIABILITY/WORKMEN'S COMPENSATION DEBATE OF THE 1890s REVISITED." Historical Journal 44, no. 2 (June 2001): 471–95. http://dx.doi.org/10.1017/s0018246x01001856.

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Historians have praised Joseph Chamberlain's workmen's compensation act of 1897, the foundation of Britain's modern insurance-based compensation scheme for on-the-job injuries, as a forward-looking social programme of great benefit to workers. By contrast, the Liberals' support of the option of potential unlimited employer liability for worker injuries has been viewed as unimaginative and a failure of political leadership at a crucial juncture in the history of the Liberal party's relationship with labour. This article re-examines the employers' liability/workmen's compensation debate of the 1890s, arguing that historians' criticism of the Liberals' position stems from a misunderstanding that the crux of the debate was over the method of fair compensation. To the contrary, as this article demonstrates, the real issue was workplace safety. Far from being caught napping, Liberals strenuously argued the workers' long-held position that workplace safety, that is, the prevention of accidents, was much more important than compensation after the accident occurred and that Chamberlain's compensation scheme would do nothing to improve safety. Significantly, this article reveals that the Liberals were correct in that, while employers immediately gained protection from unlimited liability at minimal cost, worker safety, in fact, did not improve and may have even declined during the first decade of the act's operation.

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Jeong-Ho Yang. "Study on the Industrial Accident Compensation Insurance Act for Economically Dependent Workers as the Tool for Making It Appear to Solve Policy Dilemma: The Focus on the Industrial Accident Compensation Insurance Act for Economically Dependent Workers." Public Policy Review 30, no. 2 (June 2016): 109–34. http://dx.doi.org/10.17327/ippa.2016.30.2.005.

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Beck, Justin D., and Judge David B. Torrey. "The AMA Guides in Pennsylvania “Post-Protz”: Act 111 and Case Law Update." Guides Newsletter 25, no. 3 (May 1, 2020): 12–19. http://dx.doi.org/10.1001/amaguidesnewsletters.2020.mayjun02.

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Abstract Medical evaluators must understand the context for the impairment assessments they perform. This article exemplifies issues that arise based on the role of impairment ratings and what edition of the AMA Guides to the Impairment of Permanent Impairment (AMA Guides) is used. This discussion also raises interesting legal questions related to retroactivity, applicability of prior precedent, and delegation. On June 20, 2017, the Supreme Court of Pennsylvania handed down its decision, Protz v. WCAB (Derry Area Sch. Dist.), which disallows use of the “most recent edition” of the AMA Guides when determining partial disability entitlement under the Pennsylvania Workers’ Compensation Act. An attempted solution was passed by the Pennsylvania General Assembly and was signed into law Act 111 on October 24, 2018. Although it affirms that the AMA Guides, Sixth Edition, must be used for impairment ratings, the law reduces the threshold for total disability benefits from 50% to 35% impairment. This legislative adjustment benefited injured workers but sparked additional litigation about whether, when, and how the adjustment should be applied (excerpts from the laws and decisions discussed by the authors are included at the end of the article). In using impairment as a threshold for permanent disability benefits, evaluators must distinguish between impairment and disability and determine an appropriate threshold; they also must be aware of the compensation and adjudication process and of the jurisdictions in which they practice.

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Hackerman, Ann E. "AIDS and Tennessee: An Overview of Guidelines Protecting Workers in Tennessee with HIV and AIDS." Journal of Applied Rehabilitation Counseling 27, no. 3 (September 1, 1996): 23–25. http://dx.doi.org/10.1891/0047-2220.27.3.23.

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There has been a professed fear about having a coworker with AIDS. The workers feel threatened, the customers and clients boycott, and the employers are faced with numerous decisions, both morally and legally. The Harkin-Humphrey Amendment, which amended the Civil Rights Restoration Act of 1987, has made it illegal to discriminate against employees or job applicants with human immunodeficiency virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). With this in mind, the Tennessee government offices are making strident efforts to educate and protect its citizens and workers from discrimination and harassment in regards to HIV and AIDS.

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Fazilah, Siti, Ashgar Ali Ali Mohamad, and Zuraini Abdul Hamid. "MONETARY COMPENSATION AS A REMEDY FOR UNFAIR DISMISSAL: A STUDY IN UNITED KINGDOM AND MALAYSIA." IIUM Law Journal 27, no. 2 (December 18, 2019): 447–68. http://dx.doi.org/10.31436/iiumlj.v27i2.453.

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Although unfair dismissal is not considered as a new issue in the current era, it may nevertheless severely affect the employees' right to earn a salary and other benefits such as retirement saving, among others. In order to recompense the employee's rights of employment, the legislature in many jurisdictions has introduced reinstatement as the remedy for unfair dismissal. Unfortunately, reinstatement is not awarded in most cases due to the long delay from the date of dismissal to the date of an award which may take a few years, where in the meantime the claimant may have comfortably settled in his new employment and in most cases would not desire reinstatement. Realising the above, the legislature has allowed the alternative remedy of monetary compensation for unfair dismissal. In fact, today, monetary compensation has become the remedy in both Malaysia and the United Kingdom. The Employment Rights Act 1996 of the United Kingdom recognises several remedies for unfair dismissal such as reinstatement, re-engagement, and monetary compensation. On the other hand, the Malaysian Industrial Relations Act 1967 merely provides reinstatement as the remedy for unfair dismissal; however, monetary compensation has been allowed vide the Industrial Court Practice Direction No. 1 of 1987, to be awarded at the discretion of the Industrial Court Chairman. In light of the above, this article discusses the awarding of monetary compensation in the United Kingdom and Malaysia with reference to legislation and decided cases in the above jurisdictions.

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Clark, Shelia A., Roberto J. Velasquez, and Wendell J. Callahan. "MMPI-ER Two-Point Codes of Industrially Injured Hispanic Workers by DSM-III—R Diagnosis." Psychological Reports 71, no. 1 (August 1992): 107–12. http://dx.doi.org/10.2466/pr0.1992.71.1.107.

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The purpose of this study was to describe the MMPI-ER two-point codes of 492 Hispanic adults who had sustained work-related injuries and who had applied for workers' compensation benefits. More specifically, the focus was on whether there are unique MMPI two-point codes for Hispanic workers with three specific types of DSM-III—R diagnoses—adjustment disorder, anxiety disorder, and major depression. Analysis suggests that psychiatric condition or diagnosis may act as a moderator variable in Hispanic persons' MMPI performance, including MMPI two-point codes.

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Gutekunst, Kevin R., and Maxwell T. Fogleman. "An Ergonomics Program to Control Cumulative Trauma Disorders in a Manufacturing Environment." Proceedings of the Human Factors Society Annual Meeting 32, no. 11 (October 1988): 656–58. http://dx.doi.org/10.1518/107118188786762522.

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Cumulative trauma disorders (CTDs) at a manufacturing facility rose greatly from 1985 to 1986 and remained high through 1987. This rise resulted in time lost by injured workers and greater employee compensation for medical expenses. An action team evaluated the problem and suggested both short-term solutions and a long-term program for fewer CTDs. This work included historical research, job observation, videotape, interviews, and direct involvement of the workers. Short-term solutions included work station redesign, developing tailored holding fixtures, and designing ergonomic tools. The long-term program suggested a job rotation scheme, education about the causes and prevention of CTDs, and continued action team involvement. These efforts will continue, and the lessons learned will be applied at other company sites.

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Adlam, J. G. "Confronting Impediments to Enterprise: A Legal Perspective." Energy Exploration & Exploitation 6, no. 3 (June 1988): 173–88. http://dx.doi.org/10.1177/014459878800600301.

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This paper is an edited version of a paper presented to the New Zealand Oil Exploration Conference at Wairakei, New Zealand, 1–3 July, 1987. The paper is an overview of the New Zealand legal environment as it affects petroleum explorers and their operations in New Zealand. It includes a brief summary of the New Zealand legal system and identifies the business structures commonly used and recognised under New Zealand law. It continues with an outline of the significant legal requirements governing petroleum exploration, including the Petroleum Act and Regulations (rights and obligations of Licensees), environmental and conservation laws. Overseas Investment Act and Regulations, Commerce Act. Fair Trading Act. taxation aspects of operations in New Zealand, the no-fault Accident Compensation scheme and other operational requirements. The paper concludes with comment on government participation, current government policy, the legal and administrative framework in which that policy is implemented and some comment on prospects for the future.

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Polk, Kenneth, Fiona Haines, and Santina Perrone. "Work Death in Victoria, 1987–1990: An Overview." Australian & New Zealand Journal of Criminology 28, no. 2 (June 1995): 178–92. http://dx.doi.org/10.1177/000486589502800204.

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This investigation describes the level and nature of work-related traumatic work deaths which occurred in Victoria in 1987–90. There were a total of 353 such deaths reported to the coroner in this period. While a large number of these deaths involved farmers or self-employed workers, a majority were found to involve work in the context of a company. Further, most of these company work deaths involved some amount of negligence on the part of the employer. In all, there were prosecutions in only 34 of the 353 fatalities, all of which resulted in convictions. Despite the fact that at least 25 of these deaths could be seen as resulting from extreme employer negligence, and that at least four of the negligent companies were repeat offenders, there were no prosecutions of either individuals or companies under provisions of the Crimes Act (all convictions were obtained for breaches of occupational health and safety regulations). There is in these data, then, further evidence of a ‘gentle’ posture on the part of regulatory agencies.

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Raitbaur, Louisa. "The New German Coal Laws: A Difficult Balancing Act." Climate Law 11, no. 2 (July 22, 2021): 176–94. http://dx.doi.org/10.1163/18786561-11020003.

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Abstract The German government adopted a coal exit law in 2020. The law enshrines a coal exit pathway through to 2038 and provides for significant compensation for coal companies. An accompanying structural-support law is to create new prospects for coal regions and workers. The development of the laws involved participation by the public, experts, interest groups, and the German states. Concerns about just transition and climate justice played an important role. The final laws were nevertheless met with a significant degree of dissatisfaction from stakeholders across the political spectrum, science, industry, and ngo s. Flaws in the participation process and deviation from expert recommendations have been raised as criticisms. The climate ambition, economic rationale, and social-justice effects of the laws have been contested. Repeal of the laws in any substantive way nevertheless seems unlikely.

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Aizawa, Naoki. "Labor market sorting and health insurance system design." Quantitative Economics 10, no. 4 (2019): 1401–51. http://dx.doi.org/10.3982/qe1145.

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This paper develops and estimates a life‐cycle equilibrium labor search model in which heterogeneous firms determine health insurance provisions and heterogeneous workers sort themselves into jobs with different compensation packages over the life cycle. I study the optimal joint design of major policies in the Affordable Care Act (ACA) and the implications of targeting these policies to certain individuals. Compared with the health insurance system under the ACA, the optimal structure lowers the tax benefit of employer‐sponsored health insurance and makes individual insurance more attractive to younger workers. Through changes in firms' insurance provisions, a greater number of younger workers sort into individual markets, which contributes to improving the risk pool in individual insurance and lowering the uninsured risk.

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Benus, Jacob M. "Self-Employment Programs: A New Reemployment Tool." Entrepreneurship Theory and Practice 19, no. 2 (January 1995): 73–85. http://dx.doi.org/10.1177/104225879501900205.

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The recently passed North American Free Trade Agreement (NAFTA) Includes Important provisions for U.S. unemployed workers who are interested in becoming self-employed. The provisions of this act allow states to establish self-employment assistance programs as part of their unemployment compensation system. This paper reports on two recent demonstrations, funded by the U.S. Department of Labor, to test the ability of the U.S. employment security and economic development systems to help unemployment insurance recipients start businesses. The results of these demonstrations have helped policymakers reach the conclusion that self-employment assistance programs are viable policy tools to promote the rapid reemployment of unemployed workers.

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Affleck, Louise. "Third Parties and the Insolvent Insured: Enforcement of the Statutory Charge Created by Section 9 of the Law Reform Act 1936." Victoria University of Wellington Law Review 26, no. 4 (November 28, 2019): 627. http://dx.doi.org/10.26686/vuwlr.v26i4.6149.

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With its ancestry based in the early Workers' Compensation Acts, s 9 of the Law Reform Act 1936 was intended to be a general rule to provide that where there is a wrong perpetrated by a person who is insured, the injured person can have a lien on the insurance moneys. This article discusses the scope and functions of s 9, identifies some problems and suggests that, after 60 years, it is time to review this piece of legislation.

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Journal articles on the topic 'Workers' Compensation Act 1987'

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