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Recent Developments in Workers' Compensation and Employers' Liability Law.
David B Torrey1, Lawrence D McIntyre, Kyle D Black2
1University of Pittsburgh School of Law, Pittsburgh, PA.
Tort Trial & Insurance Practice Law Journal
|July 20, 2018
Summary
This review covers key legal changes in workers' compensation law from October 2016 to September 2017. It highlights how state courts interpret these laws, often looking to other states for guidance on complex issues.
Area of Science:
- Law
- Public Policy
Background:
- Workers' compensation systems are state-specific statutory programs.
- Legal precedents and statutes primarily impact their originating jurisdiction.
- Interstate learning is valuable due to common principles in workers' compensation law.
Purpose of the Study:
- To survey significant statutory developments in workers' compensation.
- To review appellate court decisions impacting workers' compensation law.
- To analyze how state courts interpret and structure workers' compensation laws.
Main Methods:
- Review of statutory developments from October 2016 to September 2017.
- Analysis of appellate court decisions within the same period.
- Comparative legal analysis of interstate case law and legislative trends.
Main Results:
- Identified key statutory changes and significant court rulings in workers' compensation.
- Demonstrated instances where state courts consult out-of-state authority for legal interpretation.
- Highlighted commonalities and divergences in state-level workers' compensation legislation and judicial interpretation.
Conclusions:
- State courts frequently reference other jurisdictions' laws when statutes are unclear.
- Understanding interstate legal trends provides valuable insights into workers' compensation law.
- The reviewed cases, while state-specific, offer broad lessons on legal structuring and interpretation.