IDEAS home Printed from https://ideas.repec.org/a/sae/ilrrev/v53y2000i4p665-683.html
   My bibliography  Save this article

The Impact of Representation and other Factors on the Outcomes of Employee-Initiated Workers' Compensation Appeals

Author

Listed:
  • Douglas Hyatt
  • Boris Kralj

Abstract

Using a unique data set from Ontario, the authors investigate the relationship between representation and the probability that a workers' compensation appeal initiated by a worker will be granted. Unlike similar previous investigations, this study includes many types of claims, not just permanent partial disability, low-back, or lost-time claims. Only representation by the Office of the Workers Advisor or by a member of a politician's staff, both of which are available to workers free of charge, increased the likelihood of an appeal being granted or partially granted. Injured workers who hired lawyers, consultants, or advocates, or who sought representation by a union, were no more likely to win their appeal than were workers who represented themselves.

Suggested Citation

  • Douglas Hyatt & Boris Kralj, 2000. "The Impact of Representation and other Factors on the Outcomes of Employee-Initiated Workers' Compensation Appeals," ILR Review, Cornell University, ILR School, vol. 53(4), pages 665-683, July.
    • Handle: RePEc:sae:ilrrev:v:53:y:2000:i:4:p:665-683
    DOI: 10.1177/001979390005300406
    as

    Download full text from publisher

    File URL: https://journals.sagepub.com/doi/10.1177/001979390005300406
    Download Restriction: no
    File URL: https://libkey.io/10.1177/001979390005300406?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Thomason, Terry, 1991. "Are Attorneys Paid What They're Worth? Contingent Fees and the Settlement Process," The Journal of Legal Studies, University of Chicago Press, vol. 20(1), pages 187-223, January.
    2. Evangelos M. Falaris & Charles R. Link & Michael E. Staten, 1995. "Causes of Litigation in Workers' Compensation Programs," Books from Upjohn Press, W.E. Upjohn Institute for Employment Research, number clwc, November.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Frank H. Stephen, 2013. "Lawyers, Markets and Regulation," Books, Edward Elgar Publishing, number 14803.
    2. Emons, Winand & Garoupa, Nuno, 2004. "The Economics of US-Style Contingent Fees and UK-Style Conditional Fees," CEPR Discussion Papers 4473, C.E.P.R. Discussion Papers.
    3. A. Mitchell Polinsky & Daniel L. Rubinfeld, 2003. "Aligning the Interests of Lawyers and Clients," American Law and Economics Review, American Law and Economics Association, vol. 5(1), pages 165-188.
    4. Polinsky, A. Mitchell & Rubinfeld, Daniel L., 2002. "A note on settlements under the contingent fee method of compensating lawyers," International Review of Law and Economics, Elsevier, vol. 22(2), pages 217-225, August.
    5. Eyal Zamir & Ilana Ritov, 2010. "Revisiting the Debate over Attorneys' Contingent Fees: A Behavioral Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 39(1), pages 245-288, January.
    6. Leigh, J. Paul & Ward, Michael M., 1997. "Medical costs in workers' compensation insurance: comment," Journal of Health Economics, Elsevier, vol. 16(5), pages 619-622, October.
    7. David Card & Brian P. McCall, 2009. "When to Start a Fight and When to Fight Back: Liability Disputes in the Workers' Compensation System," Journal of Labor Economics, University of Chicago Press, vol. 27(2), pages 149-178, April.
    8. Zamir Eyal & Medina Barak & Segal Uzi, 2014. "Who Benefits from the Uniformity of Contingent Fee Rates?," Review of Law & Economics, De Gruyter, vol. 9(3), pages 357-387, January.
    9. Douglas Cumming, 2001. "Settlement Disputes: Evidence from a Legal Practice Perspective," European Journal of Law and Economics, Springer, vol. 11(3), pages 249-280, May.
    10. Alberto Casagrande & Marco Spallone, 2007. "Investigating the determinants of pretrial settlement rates: contingent versus non-contingent lawyers’ fees," European Journal of Law and Economics, Springer, vol. 24(1), pages 1-13, August.
    11. Yun-chien Chang & Su-hao Tu, 2020. "Two-way selection between flat-fee attorneys and litigants: theoretical and empirical analyses," European Journal of Law and Economics, Springer, vol. 49(1), pages 131-164, February.
    12. Zhou, J., 2010. "Access to justice : An economic approach," Other publications TiSEM 9d70f451-35c4-4878-92bf-7, Tilburg University, School of Economics and Management.
    13. Stephen A. Woodbury, 2002. "Income Replacement and Reemployment Programs in Michigan and Neighboring States," Upjohn Working Papers 02-86, W.E. Upjohn Institute for Employment Research.
    14. Baumann, Florian & Friehe, Tim, 2014. "On discovery, restricting lawyers, and the settlement rate," DICE Discussion Papers 155, Heinrich Heine University Düsseldorf, Düsseldorf Institute for Competition Economics (DICE).
    15. Nuno Garoupa & Fernando Gómez, 2002. "Cashing by the hour: Why large law firms prefer hourly fees over contingent fees," Economics Working Papers 639, Department of Economics and Business, Universitat Pompeu Fabra.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sae:ilrrev:v:53:y:2000:i:4:p:665-683. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: SAGE Publications (email available below). General contact details of provider: http://www.ilr.cornell.edu .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.