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The Future of Workers' Compensation

Published online by Cambridge University Press:  01 January 2021

Irvin Stander
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Extract

Dissatisfied with state workers' compensation laws, business interests, labor unions, state compensation bureaus, self insurers, and private insurance carriers, despite their disparate interests, increasingly agree that such laws are in need of significant revision. But the call for reform has been heard before. In 1972, the National Commission on State Workmen's Compensation Laws (hereinafter referred to as the National Commission) reported to the President and Congress that “… the protection furnished by workmen's compensation to American workers presently is, in general, inadequate and inequitable.”

Between 1972 and 1977 hundreds of state laws were enacted in response to the recommendations of the National Commission and the threat of federalization. Yet, in its 1977 report to the President and Congress, the Policy Group of the Interdepartmental Workers' Compensation Task Force concluded:

Type
Article
Information
Medicolegal News , Volume 8 , Issue 2 , April 1980 , pp. 7 - 9
Copyright
Copyright © American Society of Law, Medicine and Ethics 1980

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References

The Report of the National Commission on State Workmen's Compensation Laws, (hereinafter referred to as the “National Commission Report”) Introduction & Summary, Major Conclusions and Recommendations, Part III, page 25, (Washington, D.C.) (July 1972).Google Scholar
A Report on the Need for Reform of State workers' Compensation, (Report to the President and Congress by the Policy Group of the Interdepartmental workers' Compensation Task Force), p. 3, (Washington, D.C.) (January 19, 1977).Google Scholar
State Workers' Compensation Laws in fffect on October 1, 1979, compared with the 19 Essential Recommendations of the National Commission on State Workers' Compensation Laws, (US. Dcpt. of Labor. Employment Standards Administration, Office of Workers' Compensation Programs, Division of State Workers' Compensation Standards, Washington. D.C.) (September 28, 1979).Google Scholar
National Commission Report supra note 1, Chapter 4, The Medical Care and Rehabilitation Objective, pp 80–85.Google Scholar
Analysis of workers' Compensation Laws, Chart IX, Rehabilitation of Disabled Workers, (Chamber of Commerce of the United States, Washington, D.C.) (1979).Google Scholar
National Commission Report, supra note 1, Chapter 5, The Safety Objective, pp. 92–93.Google Scholar
Larson, Workmen's Compensation, (Desk Edition), Section 2.20.Google Scholar
Speech by the President of the Industrial Indemnity Corporation to the Convention of the International Association of Industrial Accident Boards and Commissions, held in San Francisco, California, August 31, 1970.Google Scholar
National Commission Report. supra note 1, Chapter 7, A Time for Reform, p. 120.Google Scholar
National Commission Report, supra note 1, Chapter 7, A Time for Reform, p. 125.Google Scholar
Ministry of National Insurance Act, 7 & 8, Geo. 6, Chap. 46 (1944).Google Scholar
National Insurance (Industrial Injuries) Act, 9 & 10, Geo. 6, Chap. 62 (1946, eff. 1948).Google Scholar
New York, 1962; California, 1965; Oregon, 1965; Maryland, 1956; Idaho, 1971; and Pennsylvania, 1972.Google Scholar
See National Commission Report, supra note 1, Chapter 7, A Time for Reform, p. 126 (proposes appointment of a Federal Workmen's Compensation Commission. Also see Senate Bill 420 (96th Congress, 1st Session) which proposes in Section 17 (a), the establishment of a National workers' Compensation Advisory Commission.Google Scholar