Workmen's Compensation Laws Research Articles

An Analysis of the Black Lung Compensation Program

Federal intervention into the state workmen's compensation system has taken place through the program for compensation of coal workers suffering from pneumoconiosis (black lung). Enacted as part of the Federal Coal Mine Health and Safety Act of 1969 and amended by the Black Lung Benefits Act of 1972, the program imposes Federal standards on the state compensation system for pneumoconiosis benefits. Although initially funded through general revenues, most new claim filings became the responsibility of the coal industry on July 1, 1973. This article discusses the nature of the black lung program, develops cost estimates for the first eighteen months of the privately-funded phase of the program, and analyzes the program in terms of the economic theory of externalities. The economic analysis indicates that the allocation of the costs of the program among mine operators is far from ideal when gauged by theoretical standards. It is hoped that future attempts at Federal intervention will avoid some of the problems which have plagued the black lung program by more thorough and rational pre-implementation planning. Most of the recent attention to workmen's compensation has been directed to the possibility that the National Commission on State Workmen's Compensation Laws may result in Federal intervention in the heretofore state operated system.' Surprisingly little attention has been given to the fact that, even prior to the formation of the Commission, the Federal government had already undertaken direct intervention in the state workmen's compensation program. By virtue of the Federal Coal Mine Health and Safety Act for 1969,2 Congress superceded state prerogatives over workmen's compensation for coal miners who were disabled by coal workers' pneumoconiosis (CWP), which is more commonly referred to J. David Cummins, Ph.D., is Assistant Professor of Insurance in the University of Pennsylvania. Dr. Cummins is also Assistant Director of the S. S. Huebner Foundation and is author of Development of Life Insurance Surrender Values in the United States. Douglas G. Olson, Ph.D., is Associate Professor of Insurance in The Wharton School. He is also an Assistant Editor of this Journal. This paper was submitted in July, 1973. 1 See: The Report of the National Commission on State Workmen's Compensation Laws (Washington: U.S. Government Printing Office, 1972). 2 Federal Coal Mine Health and Safety Act of 1969, Pub. L. No. 91-173, 83 Stat. 742 (1969) (codified at 30 U.S.C. ?? 901-960 (1970) ).

Book Review:The Report of the National Commission on State Workmen's Compensation Laws. The National Commission on State Workmen's Compensation Laws

Book Review:The Report of the National Commission on State Workmen's Compensation Laws. The National Commission on State Workmen's Compensation Laws

On the Economics of Industrial Safety

Articles on this subject often begin by citing the National Safety Council statistics that over two million workers are injured each year, 14,000 are killed, and 190,000 are permanently disabled by industrial accidents.' The passage of the Williams-Steiger Bill in 19702 which established the Occupational Safety and Health Administration (OSHA) clearly reflects our legislators' beliefs that this accident toll is intolerably high. Further, one can infer from the Report of the National Commission on State Workmen's Compensation Laws (NCSWCL)3 that the current compensation to victims of industrial accidents is grossly inadequate. Legislative actions at both federal and state levels have mainly been intended to achieve two objectives: (1) to reduce the frequency and severity of work-related injuries and diseases, and (2) to provide more equitable compensation to victims of these mishaps. The former has significance for economic efficiency, indicating that the present industrial accident toll exceeds some socially optimal accident toll. The latter is concerned with what constitutes just and fair compensation.4 An economist has something to say about the former issue, and I shall try to do so in this paper even though I agree with Professor Stigler who wrote, [l]acking real expertise and lacking also evangelical ardor, the economist has had little influence upon the evolution of economic policy.5

The Report of the National Commission on State Workmen's Compensation Laws.

The Report of the National Commission on State Workmen's Compensation Laws.

Book Review: Social Insurance and Employee Welfare: The Report of the National Commission State Workmen's Compensation Laws

Book Review: Social Insurance and Employee Welfare: The Report of the National Commission State Workmen's Compensation Laws

Workmen's Compensation Laws and Equal Protection: Does Gallegos Portend the Demise of the Agricultural Exclusion?

Workmen's Compensation Laws and Equal Protection: Does Gallegos Portend the Demise of the Agricultural Exclusion?

Beyond the Limits of State Workmen's Compensation: Comment

In the interest of constructive discussion of the article, Objectives Other Than Income Maintenance for Workmen's by John F. Burton, Jr. and Monroe Berkowitz, we must take account of subsequent developments of great importance' in the state workmen's compensation (WC) field. On December 29, 1970, the Federal Occupational Safety and Health Act was signed with the grand objective of assuring so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources. 2 The Act also established a National Commission on State Workmen's Compensation law to undertake a comprehensive study and evaluation of State Workmen's Compensation laws in order to determine if such laws provide an adequate, prompt, and equitable system of compensation.3 Coincidentally, President Nixon designated Professor Burton as Chairman of the fifteen-member commission, which was to complete its report by July 31, 1972. Along with this federal activity, we cannot overlook the increase of WC benefit expenditures to some $3 billion in 1970 and the banner year for state WC amendments that followed in 1971. With the foregoing proviso in mind, the Burton-Berkowitz article can be analyzed from three standpoints: (1) the perti-

Workmen's compensation medicine.

To the Editor.— Workmen's medicine is assuming more prominence in the practice of medicine. This results from the federal government's recent entrance into the field with the passage of the Williams-Steiger Occupational Safety and Health Act of 1970 (OSHA) (public law 91-596). A part of this Act establishes a National Commission on State Workmen's Compensation Laws, appointed by the President (public law 91-596, sect 27). This commission reported to the congress in July of 1972, following a 12-month study of workmen's throughout the United States. The Commission recommended federal standards that approached, if they did not actually exceed, the highest standards existing in any of the states prior to this study. Examples the Commission gives of the essential elements of workmen's compensation are the following: Compulsory coverage... [for all employees] No occupational or numerical exemptions to coverage Full coverage of work-related diseases Full medical and physical rehabilitation services

Analysis of biological material in industrial toxicology.

Abstract

Work and Heart Disease in Wisconsin

The settling of heart disease claims under state workmen's compensation laws is a nationwide problem. In an attempt to alleviate the problem in Wisconsin and perhaps provide helpful guidelines for other states, criteria for physicians, attorneys and commissioners are presented in the form of a proposal for incorporation in the Rules of Practice section of the Workmen's Compensation Act. The rules present the following items: suggestions for an accurate and complete cardiac diagnosis; the role of the independent expert medical witness; a basis for determining medical causality; a guide for evaluating heart disease impairment; the importance of postmortem examinations; nontechnical explanatory definitions of cardiac diseases, and ideology useful in improving interprofessional communications. Because change in the legislation is difficult, adoption of the Rules of Practice can be a constructive initial endeavor, workable in most jurisdictions within the adversary system of the law and the statutes of workmen's compensation.

California's Workmen's Compensation Law: Computation of Payments for Permanent Disabilities Sustained by a Previously Diseased or Disabled Employee

California's Workmen's Compensation Law: Computation of Payments for Permanent Disabilities Sustained by a Previously Diseased or Disabled Employee

Diseases of White Collar Workers

A PPROXIMATELY 3 percent of all occupationially caused disabilities are attributable to disease. The remainder fall into the category of accidenital injuries. In New York State (1), and presumably in other States as well, about half of all reported occupational diseases were found in blue collar workers or workers engaged in manlufacturing. WIhy then this interest in the occupational diseases of white collar workers? The reasons are simple: Occupationial diseases are largely preventable, anid wlhen they occur they are expensive. The legal definition of an occupational disease varies in each State, depending on the scope of its workmen's compensation law. For the purposes of this study, an occupational disease is definied as a compensable disease that arises out of and in the course of employment. It is any abnormal condition of health due to specific occupational hazard other than trauma. In general, occupational diseases fit into the following categories: dermatoses; diseases due to infectious agents; diseases due to dusts, fumes, gases, vapors, or mists; or diseases due to physical agents. Newly added are aggravation of pre-existing nonoccupational diseases and emotional stress. Many times it is exceedingly difficult to determine whether a specific illness occurred on the job or elsewhere, as, for example, in the household kitchen. This applies particularly to dermatological conditions.

Study of the Workmen's Compensation Law in Hawaii

Study of the Workmen's Compensation Law in Hawaii

Legal aspects of radiation injuries and compensation.

There are a half dozen background factors in considering legal liability for and compensability of radiation injuries for persons occupationally exposed to radiation. First, all persons, as well as those occupationally involved, are regularly exposed to radiation. Occupational exposure is but a small percentage of the overall from all sources. Second, existing medical knowledge can tell us much about the damage inflicted by acute massive doses of radiation (and some of this is discussed) but very little concerning lesser doses spread over a period of time. Note also the unresolved conflict between the linear and threshold theories. Third, in the atomic energy industry the record of accidental high exposures has been very good and limited to a few cases. The more likely problem area may arise in cases where there is evidence only of very low exposures bordering on the risk'' levels set by law of 5 rem per year. Fourth, these maximum standards of exposure for workers are on the extremely low side, unrelated to any evidence of damage. They rest on the concept of minimizing risk. In the present state of medical knowledge, it can hardly be said that an insubstantial exceeding of the radiation protection guide ormore » maximum permissible exposure limits, which are fixed in AEC regulations, is injury or causative of injury. Testimony in the recent Kellogg Compary case (McVey v. Phillips) is illustrative. Fifth, many of the diseases which may be induced by less than lethal doses of radiation do not manifest themselves for years after exposure; and, as in the cases of leukemia, skin cancer, and aplastic anemia, are produced by causes in addition to radiation. Sixth, some bodily malfunctions which radiation may induce, such as epilation and sterility, do not necessarily create a compensable disability under workmen s compensation law. Turning to compensation, most workers must look to workmen's compensation statutes, generally administered by the states (with some comparable federal coverage). This is a strict, without fault, liability of the employer, but limited in amount, generally related to reduction in earning power. There is also the possibility of alternative or additional recovery for damages against any third party who caused or contributed to the injury, usually a common law action grounded in negligence or fault. In the light of the background considerations, the big problem for most potential claimants will be to establish that late emerging diseases or malfunctions are the result of exposure to, usually, low level radiation. The Kellogg Company case affords a recent example. Adding to claimants' difflculties are certain barriers in the workmen's compensation laws themselves, such as the limitations statutes on emergence of injuries. Recent thinking on the use of presumptions or a contingent injury fund'' raise problems of larger scope than just the industries or occupations that use radiation, and move into the area of general disability insurance. In that perspective they deserve fair study by labor, management and government. Meantime further study of the effects of low level radiation in man must continue. An immediate temporary assurance would be the removal by state legislatures of the time emergence barriers to action where latent diseases emerge years hence.« less

Heart disease, workmen's compensation and the practicing physician.

IN recent years the number of claims for cardiac injury under workmen's compensation laws has shown a steady and rapid increase. A continuation of this trend is likely because of the constantly i...

Occupation, trauma, and cardiovascular disease.

Excerpt Heart disease, known or unsuspected, may be aggravated by the effort, stress, or strain associated with occupational duties and the conditions under which these duties are performed. These ...

炭鉱の珪肺および珪肺結核の結果

Course of illness of 909 miners with silicosis and 143 silicotic miners covered by the Workmen's Compensation Law was observed from 1952 to 1959, 5 to 6 years for each patient. The results are as follows. If silicosis is graded as S0, S1, S2, S3 and S4, with increasing severity, S0-1, are found among workers in employment over 3 years below ground, S1 and the above are among those in employment over 5 years underground, and most silicotic miners covered by the Law are found among those in employment of 7 to 9 years underground. According to the film examination, aggravated cases are found 7.1% in S0-1, 22.5% in S2, and 88.2% in S3. Among these aggravated cases infiltration images are found in 97.6%. Socalled unusually large which has big significance in the aggravation of silicosis is found in 21.1% of S1, 73.5% of S2. The development of this nodulation shows almost no difference among workers of different kinds of work, except significutly low incidencer among coal collectors. However, aggravated cases are found among workers in decreasing degree in such order as: coal-face workers, indirect workers, and collectors. Cases of direct workers, infiltration are mostly of tuberculosis nature, and some of them are due to conglomeration of silicotic modules.

Radiation Disability: Will it Be Adequately Compensated?

While electorates and governments struggle to assess the difficult technical and political issues of nuclear armament and, especially, the testing of such weapons, the radiation hazard of industrial uses of atomic products has become a fact for an increasing number of workers. Industrial applications of radioactive isotopes and nuclear energy are multiplying rapidly and the number of workers exposed to the risk of illness and death from such sources also appears to be increasing. Under private use, workers injured and disabled by radiation must seek the protection of state workmen's compensation laws for medical and economic rehabilitation. In this discussion, the author examines the reasons for growing concern over radiation as an occupational hazard and analyzes four basic issues which radiation disease presents for state workmen's compensation laws. In general, he finds that only a few of these laws approach recommended standards of protection; under a number of laws, workers injured by exposure to radiation actually receive protection and benefits less favorable than those available to the victims of more conventional industrial accidents and disease. (Author's abstract courtesy EBSCO.)

The Effect of Federal Treaties on State Workmen's Compensation Laws

The Effect of Federal Treaties on State Workmen's Compensation Laws

The Effect of the New York Workmen's Compensation Law upon the Employment of the Handicapped

The Effect of the New York Workmen's Compensation Law upon the Employment of the Handicapped