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In virtually all jurisdictions, workers' compensation laws provide the exclusive remedy for employees injured in the course of employment.1 Under these laws the power to grant an initial decision in workers' compensation cases is removed from common law courts and lodged instead in workers' compensation boards.2 Compensation boards find facts, apply workers' compensation law to those facts, and calculate employee awards. Ultimately, board decisions are subject to de novo judicial review as to issues of law and "substantial evidence" review as to issues of fact.3 These boards differ in several important respects from common law courts. First, findings of fact are made by administrative officers instead of judges and juries; second, the common law defenses of fellow servant, assumption of risk, and contributory negli-

Employee Injury Cases: Should Courts or Boards Decide Whether Workers' Compensation Laws Apply?