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As the debate over health care reform continues, costs have become a critical measure in the many plans and proposals to come before us. Knowing costs is important because it allows comparisons across such disparate health conditions as AIDS, Alzheimer's disease, heart disease, and cancer. This book presents the results of a major study estimating the large and largely overlooked costs of occupational injury and illness--costs as large as those for cancer and over four times the costs of AIDS. The incidence and mortality of occupational injury and illness were assessed by reviewing data from national surveys and applied an attributable-risk-proportion method. Costs were assessed using the human capital method that decomposes costs into direct categories such as medical costs and insurance administration expenses, as well as indirect categories such as lost earnings and lost fringe benefits. The total is estimated to be $155 billion and is likely to be low as it does not include costs associated with pain and suffering or of home care provided by family members. Invaluable as an aid in the analysis of policy issues, Costs of Occupational Injuryand Illness will serve as a resource and reference for economists, policy analysts, public health researchers, insurance administrators, labor unions and labor lawyers, benefits managers, and environmental scientists, among others. J. Paul Leigh is Professor in the School of Medicine, Department of Epidemiology and Preventive Medicine, University of California, Davis. Stephen Markowitz, M.D., is Professor in the Department of Community Health and Social Medicine, City University of New York Medical School. Marianne Fahs is Director of the Health Policy Research Center, Milano Graduate School of Management and Urban Policy, New School University. Philip Landrigan, M.D., is Wise Professor and Chair of the Department of Community Medicine, Mount Sinai Medical Center, New York.
The significance of this text in Ethics lies in its effort to awaken a vital conviction of the genuine reality of moral problems and the value of reflective thought in dealing with them. To this purpose are subordinated the presentation in Part I. of historic material; the discussion in Part II. of the different types of theoretical interpretation, and the consideration, in Part III., of some typical social and economic problems which characterize the present. Experience shows that the student of morals has difficulty in getting the field objectively and definitely before him so that its problems strike him as real problems. Conduct is so intimate that it is not easy to analyze. It is so important that to a large extent the perspective for regarding it has been unconsciously fixed by early training. The historical method of approach has proved in the classroom experience of the authors an effective method of meeting these difficulties. To follow the moral life through typical epochs of its development enables students to realize what is involved in their own habitual standpoints; it also presents a concrete body of subject-matter which serves as material of analysis and discussion.
Workplace injuries are common, avoidable, and unacceptable. The Political Economy of Workplace Injury in Canada reveals how employers and governments engage in ineffective injury prevention efforts, intervening only when necessary to maintain standard legitimacy. Barnetson sheds light on this faulty system, highlighting the way in which employers create dangerous work environments yet pour billions of dollars into compensation and treatment. Examining this dynamic clarifies the way in which production costs are passed on to workers in the form of workplace injuries.
One of the most prominent scholars of the first half of the twentieth century, John Dewey was an American philosopher, psychologist, and educational reformer. A co-founder of the pragmatism movement, Dewey was also a pioneer in functional psychology, an innovative theorist of democracy and a leader of the progressive movement in education. This eBook presents Dewey’s collected works, with numerous illustrations, rare texts, informative introductions and the usual Delphi bonus material. (Version 1) Please note: due to US copyright restrictions, 11 later works cannot appear in this edition. When new texts enter the public domain, they will be added to the collection as a free update. * Beautifully illustrated with images relating to Dewey’s life and works * Concise introductions to the major texts * All the published books in the US public domain, with individual contents tables * Works appear with their original hyperlinked footnotes * Rare texts appearing for the first time in digital publishing * Images of how the books were first published, giving your eReader a taste of the original texts * Excellent formatting of the texts * Ordering of texts into chronological order CONTENTS: The Books Psychology (1887) My Pedagogic Creed (1897) The School and Society (1899) Leibniz’s New Essays Concerning the Human Understanding (1902) The Child and the Curriculum (1902) Studies in Logical Theory (1903) Ethics (1908) Moral Principles in Education (1909) How We Think (1910) The Influence of Darwin on Philosophy (1910) Interest and Effort in Education (1913) Schools of To-morrow (1915) Democracy and Education (1916) Essays in Experimental Logic (1916) Reconstruction in Philosophy (1920) Letters from China and Japan (1920) Human Nature and Conduct (1922) Experience and Nature (1925) The Public and Its Problems (1927) Impressions of Soviet Russia and the Revolutionary World (1929) Articles in ‘Popular Science Monthly’
Excerpt from Workmen's Compensation, or Insurance Against Loss of Wages Arising Out of Industrial Accidents The increasing interest in legislation to secure workingmen against loss arising from industrial accidents was attested in the appointment last winter of employers' liability commissions by the states of Connecticut, Illinois, Massachusetts, Minnesota, Montana, New Jersey, New York, Ohio, and Wisconsin, to investigate workingmen's compensation and insurance with a view to remedial legislation. These commissions recently met in Chicago to exchange views and to plan, so far as practicable, uniformity of action. The report of their proceedings, which is now passing through the press, will be the latest, and from the American viewpoint, probably the most important contribution to the subject. The Illinois commission has finished its work and its report has been published. In speaking of this the secretary of the commission declares, "For the first time in the history of Illinois, if not in the United States, we have a text-book on the subject of employers' liability. More than 5,000 individual accidents were investigated and recorded, together with comparative figures and analyses." Reports of other state commissions, embracing as some of them will the testimony of experts who have investigated conditions in this country and the experience of European nations, will constitute a most valuable addition to the literature on this subject. The Ohio commission at this time has not completed its work, and no attempt will be made to anticipate its report. It has had numerous and well attended public hearings in which employers, employes and other interested parties have spoken freely on almost every phase of compensation for accident. Indeed the discussions have taken a much wider range and have included sickness, invalidity and old age insurance. The systems and experiences of European nations, especially those of Germany and Great Britain, have been presented by experts who recently returned from abroad, where they had made extended and systematic investigation. In general it may be said that manufacturers have favored a single compensation or accident insurance, similar to that of Germany. There have, however, been a few dissenting opinions. One manufacturer declared, among other things, that "it is just as impossible to enact a compulsory compensation act that would be constitutional as it would be to pass a valid compulsory arbitration law." "Both," he insisted, "are palpably unconstitutional. A compulsory compensation act would interfere with the right of contract. 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.
One of the most prominent scholars of the first half of the twentieth century, John Dewey was an American philosopher, psychologist, and educational reformer. A co-founder of the pragmatism movement, Dewey was also a pioneer in functional psychology, an innovative theorist of democracy and a leader of the progressive movement in education. For the first time in publishing history, this eBook presents Dewey’s complete works, with numerous illustrations, rare texts, informative introductions and the usual Delphi bonus material. (Version 1) * Beautifully illustrated with images relating to Dewey’s life and works * Concise introductions to the major texts * All the published books, with individual contents tables * Works appear with their original hyperlinked footnotes * Rare texts appearing for the first time in digital publishing * Images of how the books were first published, giving your eReader a taste of the original texts * Excellent formatting of the texts * Ordering of texts into chronological order CONTENTS: The Books Psychology (1887) My Pedagogic Creed (1897) The School and Society (1899) Leibniz’s New Essays Concerning the Human Understanding (1902) The Child and the Curriculum (1902) Studies in Logical Theory (1903) Ethics (1908) Moral Principles in Education (1909) How We Think (1910) The Influence of Darwin on Philosophy (1910) Interest and Effort in Education (1913) Schools of To-morrow (1915) Democracy and Education (1916) Essays in Experimental Logic (1916) Reconstruction in Philosophy (1920) Letters from China and Japan (1920) Human Nature and Conduct (1922) Experience and Nature (1925) The Public and Its Problems (1927) Impressions of Soviet Russia and the Revolutionary World (1929) The Quest for Certainty (1929) Individualism Old and New (1931) Philosophy and Civilization (1931) Art as Experience (1934) A Common Faith (1934) Liberalism and Social Action (1935) The Philosophy of the Arts (1938) Experience and Education (1938) Logic, the Theory of Inquiry (1939) Theory of Valuation (1939) Freedom and Culture (1939) Articles in ‘Popular Science Monthly’
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?