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Dispute Resolution in Workers' Compensation

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  • Boden, Leslie I

Abstract

This paper examines evidence about whether workers' compensation adjudicators "split the difference" between the parties' positions. It uses data from a workers' compensation system that provide information about the parties' final offers in both settled and adjudicated cases. Estimates of an "equitable settlement" offer fit the data quite well (R squared = 0.87). They are consistent with the hypothesis that only the parties' positions affected the adjudicator's decision and that the parties' position had equal weight. Adjudicator's did not rely less on more disparate positions. Still, other factors had a strong impact on the parties' positions, which in turn affected the final ratings. Copyright 1992 by MIT Press.

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  • Boden, Leslie I, 1992. "Dispute Resolution in Workers' Compensation," The Review of Economics and Statistics, MIT Press, vol. 74(3), pages 493-502, August.
    • Handle: RePEc:tpr:restat:v:74:y:1992:i:3:p:493-502
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    Cited by:

    1. Jayanta Bhattacharya & Frank Neuhauser & Robert T. Reville & Seth A. Seabury, 2010. "Evaluating Permanent Disability Ratings Using Empirical Data on Earnings Losses," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 77(1), pages 231-260, March.
    2. David S. Kaplan & Joyce Sadka & Jorge Luis Silva‐Mendez, 2008. "Litigation and Settlement: New Evidence from Labor Courts in Mexico," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(2), pages 309-350, June.
    3. Seth A. Seabury & Robert T. Reville & Frank Neuhauser, 2006. "Physician Shopping in Workers' Compensation: Evidence from California," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 3(1), pages 47-77, March.

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