Medico-Legal Aspects of the Workmen's Compensation Law of Pennsylvania (Classic Reprint) PDF Download
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Author: Harry Arista Mackey
Publisher: Forgotten Books
ISBN: 9780484831888
Category : Law
Languages : en
Pages : 60
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Book Description
Excerpt from Medico-Legal Aspects of the Workmen's Compensation Law of Pennsylvania Taylor defines medical jurisprudence as that science which teaches the application of every branch of medical knowledge to the purposes of the law. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Harry Arista Mackey
Publisher: Forgotten Books
ISBN: 9780484831888
Category : Law
Languages : en
Pages : 60
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Book Description
Excerpt from Medico-Legal Aspects of the Workmen's Compensation Law of Pennsylvania Taylor defines medical jurisprudence as that science which teaches the application of every branch of medical knowledge to the purposes of the law. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Harry Arista Mackey
Publisher:
ISBN:
Category : Employers' liability
Languages : en
Pages : 64
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Book Description
Author: H. A. Mackey
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Harry Z. Maxwell
Publisher: Forgotten Books
ISBN: 9780260209849
Category : Reference
Languages : en
Pages : 112
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Book Description
Excerpt from A Handbook of the Pennsylvania Workmen's Compensation Act of 1915: Containing a Digest, Full d104 of Associated Acts, Rulings of the Board and a Comprehensive Index Originally prepared for private convenience, it was suggested that this Digest and Index of the Workmen's Compensation Act of 1915 might be of some help to many of those who have more or less to do in the administration and observance of the Act. Upon submitting the matter to the Workmen's Compensation Board, they very kindly offered to recommend the use thereof, as in some measure simplifying and rendering more easy a compliance with the law. The Digest of Act No. 338 is by sections. The index, except where otherwise expressly stipulated, is to such sections, and refers, as well, to the sections of the full text of the Act, which, together with the associated acts, immediately follows the Digest. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Pennsylvania Workmen'S Board
Publisher: Rarebooksclub.com
ISBN: 9781230035031
Category :
Languages : en
Pages : 334
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Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...at the time of his death was not acting in the course of his employment with the defendant company. The Referee's second finding of fact is strictly a finding of fact, which has been afiirmed by the Workmen's Compensation Board, and this Court is without authority to review it, the decisions all holding that a Referees finding of fact, aflirmed by the Workmen's Compensation Board, is final and conclusive, under Section 403 of the Workmen's Compensation Act, which provides that. "The Board's findings of fact shall in all cases he final." But the finding of the Referee that "the deceased while returning from Masontown where he had undergone a physical examination at the request of the defendant company was not in the course of his employment and tlicrcforc his death was 'not due to an injury by accident while in the course of his employment with the defendant company," is to some extent a mixed question of fact and law, which may he reviewed on its latter aspect, for since the Compensation Act undertakes to define the meaning of the phrase "injury by an accident in the course of his employment," in each instance the question of law is presented as to whether or not the underlying findings of fact are suflicient to bring the case within the statutory definition. Fluckcr v. Carnegie Steel Co., 263 Pa. 113. The statutory definition is contained in Section 301. Article III, of the Workmen's Compensation Act of June 2, 1915, P. L. 736, which, omitting certain parts in no way alfecting this case, provides that the term "injury by an accident in the course of his employment," in that article, "shall include all other injuries sustained while the employe is...
Author: Workmen's Compensation Board
Publisher: Forgotten Books
ISBN: 9780666591364
Category : Reference
Languages : en
Pages : 26
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Book Description
Excerpt from Rules of the Pennsylvania Workmen's Compensation Board: Issued by the Workmen's Compensation Bureau of the Department of Labor and Industry, Harrisburg, Pennsylvania; Effective January 1, 1920 To be drawn substantially in accordance with the forms Of the Board, amendment Disposition of, by the Board To pleadings, Of the record substituting the State Fund for the employer, appeals Bond to be filed under certain circumstances, By either party from the action of the Referee on a petition, when as signed to him, From Referee must set out error complained of, How to be heard Statements to be contained in the said appeal. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Gary L. Wickert
Publisher: Juris Publishing, Inc.
ISBN: 1578233631
Category : Law
Languages : en
Pages : 1616
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Book Description
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?
Author: New York University. School of Law. Library
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1416
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Book Description
Author: Barry I. Castleman
Publisher: Wolters Kluwer
ISBN: 0735552606
Category : Law
Languages : en
Pages : 918
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Book Description
Written by one of the leading asbestos experts for attorneys, occupational and environmental health professionals, and others in the field of toxic substances control, this updated resource provides a comprehensive examination of the public health history of asbestos. Includes extensive discussion of corporate knowledge and responsibility for asbestos hazards and detailed discussion of alternatives to asbestos.
Author: Richard E. Ginnold
Publisher:
ISBN:
Category : Deafness, Noise induced
Languages : en
Pages : 136
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Book Description
