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

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  • 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
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    References listed on IDEAS

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    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, December.
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