This course deals with the law, theory and practice of workers’ compensation under state and federal administrative programs, including the Pennsylvania and other state Acts; Longshore and Harborworkers’ Compensation Act (LHWCA); Federal Employees’ Compensation Act (FECA); and the Federal Employers’ Liability Act (FELA). The student will study the essential aspects of such laws, including their development and purpose, coverages, the various levels and varieties of benefits provided and how claims are established and enforced.
Special emphasis is placed on how such laws affect the rights of individuals to other remedies such as the ability to sue in tort or assert discrimination claims; how compensation programs are implicated in contemporary efforts to reform healthcare coverage and delivery; and the role workers’ compensation plays in occupational safety and health. The student will become familiar with the uniform policy of insurance for compensation coverage and how compensation coverage and other regulatory requirements are policed by governmental authorities.
A pervasive theme of the course is the status of workers’ compensation as a unique hybrid of administrative law and tort, with the consequent effects of such status on the law, theory and practice of the field.