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Recent Developments In Workers’ Compensation And Employers' Liability Law.

David B Torrey1, Lawrence D McIntyre2, Kyle D Black3

  • 1University of Pittsburgh School of Law. dtorrey@pa.gov

Tort Trial & Insurance Practice Law Journal
|January 30, 2019
PubMed
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This review covers 2015-2016 workers' compensation law changes and court rulings. It highlights how states learn from each other

Area of Science:

  • Labor Law
  • Workers' Compensation Law
  • Legal Analysis

Background:

  • Workers' compensation systems are state-specific statutory programs.
  • Legal precedents and statutory developments within one state have limited direct impact on others.
  • Common principles and statutes exist across state workers' compensation systems.

Purpose of the Study:

  • To survey significant statutory developments in workers' compensation.
  • To review key appellate court decisions impacting workers' compensation.
  • To analyze legal trends from October 2015 through September 2016.

Main Methods:

  • Review of legislative enactments concerning workers' compensation.
  • Analysis of appellate court decisions related to workers' compensation cases.

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  • Comparative legal analysis of inter-jurisdictional legal principles.

    • Main Results:

    • Identified key statutory changes in workers' compensation law.
    • Summarized significant court rulings affecting workers' rights and employer obligations.
    • Observed a pattern of states considering out-of-jurisdiction legal authority when precedent is unclear.

    Conclusions:

    • Legislative and judicial actions provide valuable insights across states.
    • Interstate legal scholarship is crucial for resolving novel workers' compensation issues.
    • The period reviewed demonstrates evolving legal landscapes in workers' compensation.