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Workers’ Compensation Analysis

Question

Read the Article by Dr. Spurlock, " lN, KY and TN: The Elusive Safety-Related Misconduct Defense for Workers' Comp Cleims," published in the Fall
201J/Winter 2012 edition of the American Bar Association's Tort Trial and
Insurance Practice Specialty's Workers' Comp and Employer's Liability Committee
Newsletter, After reading the article, construct a chart that compares the following issues in each of the states covered by the article:

Degree of employee culpability in the safety misconduct [characterization of
employee behavior and/or mental state) necessary for the defense to be
viable.
Requisite communication of safety rules, policies, etc., for defense viability.
If successfully raised, what is the effect of the defense on the employee's
award.
What is necessary to show to raise the defense if it involves being under the
influence of drugs/alcohol.

Solution

Title: Workers’ Compensation Analysis
Length: 1 pages (326 Words)
Style: N/A

Preview

	Indiana	Kentucky	Tennessee
Degree of Employee Culpability	Employee is said to have violated the safety rules if he knew about the rules but decided to go against them.	Employee is deemed to be at fault when he intentionally fails to adhere to the employer’s safety measures.	Employee is said to be at fault if there is evidence to proof that he willfully violated the safety rules.

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