 | | New! Illinois Workers' Comp Guidebook (Call 1-800-223-1940, Ask for Publication #1439) |
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| what's new in larson's workers' compensation law |
Lexis.com subscribers to Larson's Workers' Compensation Law can link to the chapter discussion below.
Find out more about how to become a Larson's online subscriber by contacting: Caroline.Conway@lexisnexis.com. Conflicts Involving the FELA. At the heart of most "conflicts" cases is the fact that there can be a marked difference in generosity of benefits between two competing statutes and often the injured worker is at a characteristic disadvantage in making an informed election between the respective remedies. The conflicts problem can be particularly difficult and confusing when it involves the intersection between the Federal Employers' Liability Act [which gives employees of interstate rail carriers an action in negligence against their employers, free of the fellow servant and assumption of risk defenses, and with comparative negligence put in place of common-law contributory negligence] and the state compensation acts since the former is an expression of preeminent federal power over interstate commerce and, therefore, state jurisdiction is excluded. The Chapter 147 discussion of this collision of laws has been revised and updated as well. Practitioners should observe that in spite of the preeminence of FELA to interstate rail carriers, employees of other interstate carriers, such as motor and air lines, remain proper subjects for state legislation, since the federal government has for the most part made no attempt to legislate as to work injuries in such employments. |
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Larson's Workers' Compensation Law (12 vols.)
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Martin Klug concentrates his practice to represent employers in workers' compensation litigation at Huck, Howe & Tobin in St. Louis, Missouri. He received his J.D. and M.B.A. from St. Louis University. He is a member of the Missouri Bar, the Illinois Bar, and the Florida Bar. Mr. Klug is a frequent contributor to the LexisNexis Workers' Compensation Law Community and updates the 
New York Injured Worker Tests Positive for Marijuana. Ronald Balter of Caruso, Spillane, Leighton, Contrastano, Ulaner & Savino, P.C., discusses the recent case of Thompson v. Wiltsie Construction Company, and the high level of proof needed to overcome the presumption that the injury was not caused solely by intoxication. 
Larson's Spotlight reports noteworthy workers' comp cases each week. This list was compiled by 
Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations 4/29/2010. 
