Larson's Workers' Compensation

ebook Volume 3 · Larson's Workers' Compensation (Desk)

By Arthur Larson

cover image of Larson's Workers' Compensation

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Part 1 Introduction To Workers' Compensation

Chapter 1 The Nature Of Workers' Compensation

Chapter 2 Historical Development Of Workers' Compensation

Part 2 "Arising Out Of The Employment"

Chapter 3 The Five Lines Of Interpretation Of "Arising"

Chapter 4 The Categories Of Risk

Chapter 5 Acts Of God And Exposure

Chapter 6 The Street-Risk Doctrine

Chapter 7 Positional And Neutral Risks

Chapter 8 Assaults

Chapter 9 Risks Personal To The Employee

Chapter 10 Range Of Compensable Consequences

Chapter 11 [Reserved]

Part 3 Course Of Employment: Time And Place

Chapter 12 Meaning Of "Course Of Employment"

Chapter 13 Going To And From Work

Chapter 14 Journey Itself Part Of Service

Chapter 15 Employer's Conveyance

Chapter 16 Dual-Purpose Trips

Chapter 17 Deviations

Chapters 18-19 [Reserved]

Part 4 Course Of Employment: Activity

Chapter 20 General Test Of Work Connection As To Activity

Chapter 21 Personal Comfort Doctrine

Chapter 22 Recreational And Social Activities

Chapter 23 Horseplay

Chapter 24 Resident Employees

Chapter 25 Traveling Employees

Chapter 26 Injuries After Quitting Or Before Formal Hiring

Chapter 27 Acts Outside Regular Duties

Chapter 28 Acts In Emergency

Chapter 29 Conclusion: Work-Connection As Merger Of "Arising" And "Course"

Chapters 30-31 [Reserved]

Part 5 Misconduct Of Employee

Chapter 32 General Irrelevance Of Employee Fault

Chapter 33 Misconduct Apart From Statutory Defenses

Chapter 34 Statutory Defense Of Wilful Misconduct

Chapter 35 Statutory Defense Of Failure To Obey Safety Rules

Chapter 36 Intoxication

Chapter 37 Violation Of Statute Or Commission Of Crime

Chapter 38 Suicide Or Intentional Self-Injury

Chapters 39 Employee Fraud

Chapters 40-41 [Reserved]

Part 6 "Personal Injury By Accident"

Chapter 42 Meaning Of "By Accident"

Chapter 43 Injury From Usual Exertion Or Exposure: The Four Approaches

Chapter 44 Injury From Usual Exertion Or Exposure: What Is Unusual?

Chapter 45 Usual Exertion Or Exposure: Breakage Versus Generalized Conditions

Chapter 46 Usualness: Relation Of "By Accident" To "Arising Out Of The Employment"

Chapters 47-49 [Reserved]

Chapter 50 Definite Time Versus Gradual Injury

Chapter 51 "Accidental" Infectious Diseases

Chapter 52 Occupational Disease: General Principles

Chapter 53 Occupational Disease: Special Principles

Chapter 54 Occupational Disease: The Black Lung Act

Chapter 55 Meaning Of "Personal Injury"

Chapter 56 "Personal Injury:" Mental And Nervous Injury

Chapters 57-59 [Reserved]

Part 7 Employment Status

Chapter 60 "Employee" Defined

Chapter 61 Contractor Distinction: Right To Control Details

Chapter 62 Contractor Distinction: Relative Nature Of Work

Chapter 63 Deliberate Avoidance Of Employment Relation

Chapter 64 Necessity For "Contract Of Hire"

Chapter 65 Necessity For Payment

Chapter 66 Illegal Employment; False Job Applications

Chapter 67 Lent Employees

Chapter 68 Joint And Dual Employment

Chapter 69 [Reserved]

Part 8 Specific Inclusions Or Exemptions

Chapter 70 Statutory Employees: "Uninsured Contractor Under"

Chapter 71 Statutory Employees: "Other Non-Employees Deemed Employees"

Chapter 72 Nonbusiness Employments

Chapter 73 Casual Employment Not In Course Of Usual Business

Chapter 74 Minimum Number Of Employees

Chapter 75 Farm Labor

Chapter 76 Executives And Partners

Chapter 77 Hazardous Employment

Chapter 78 Public Employment

Chapter 79 [Reserved]

Part 9 Disability And Personal Injury Benefits

Chapter 80 Kinds And Elements Of Disability

Chapter 81 Earnings Creating Presumption Of Earning Capacity

Chapter 82 Actual Earnings As Credit Against Award

Chapter 83 Total Disability As Affected By Actual Earnings: The "Odd Lot" Doctrine

Chapter 84 Inability To Get Work Because Of Injury As Disability

Chapter 85 Refusal Of Suitable Work

Chapter 86 Nature Of Schedule Benefits

Chapter 87 Exclusiveness Of Schedule Allowances

Chapter 88 Disfigurement Awards

Chapter 89 Heritability And Assignability Of Claims And Benefits; Taxability Of Benefits Chapter 90 Successive Disabilities: General Principles Chapter 91 Second Injury Funds Chapter 92 Effect Of Successive Or Concurrent Injuries On Maximum Award

Chapter 93 Calculation Of Wage Basis And Benefits

Chapter 94 Hospital And Medical Benefits

Chapter 95 Rehabilitation

Part 10 Dependency And Death Benefits

Chapter 96 Statutory Categories Of Relationship

Chapter 97 Dependency In Fact

Chapter 98 Death Benefits

Chapter 99 [Reserved]

Part 11 Exclusiveness Of Compensation Remedy

Chapter 100 Nature And Scope Of The Exclusiveness Principle

Chapter 101 Exclusiveness As To Persons Other Than Employee

Chapter 102 Action Against Employer

Part 12 Misconduct Of Employer

Chapter 103 Intentional Injury By Employer Or Its Agent

Chapter 104 Intentional Injury: Non-Physical-Injury Torts

Chapter 105 Statutory Provisions On Employer's Misconduct

Chapters 106-109 [Reserved]

Part 13 Third Party Actions

Chapter 110 Theory Of Third Party Actions

Chapter 111 Who Are "Third Persons": Types Of Statutes

Chapter 112 Who Are "Third Persons": Particular Entities

Chapter 113 Who Are "Third Persons": The Dual-Persona Doctrine

Chapter 114 Who Are "Third Persons": Insurers

Chapter 115 Election

Chapter 116 Subrogation: General Principles

Chapter 117 Subrogation: Distribution Of Proceeds

Chapter 118 Proper Parties To Third Party Action

Chapter 119 [Reserved]

Chapter 120 Third Party's Defenses

Chapter 121 Third Party's Action Over Against Negligent Employer

Chapter 122 Third Party's Breach Of Separate Duty Toward Employer

Chapter 123 [Reserved]

Part 14 Procedural Law

Chapter 124 Informality Of Compensation Procedure

Chapter 125 Alternative Dispute Resolution

Chapter 126 Notice And Claim Periods

Chapter 127 Evidence In General

Chapter 128 Medical Evidence

Chapter 129 [Reserved]

Chapter 130 Review Of Awards

Chapter 131 Reopening Awards

Chapter 132 Agreements And Settlements

Chapter 133 Attorneys' Fees

Chapter 134 Witness Fees; Other Costs; Interest

Chapter 135 Penalties

Chapters 136-139 [Reserved]

Part 15 Conflict Of Laws

Chapter 140 Nature Of Compensation Conflicts Problem

Chapter 141 Successive Awards In Different States

Chapter 142 Limits On Applicability Imposed By Federal Constitution

Chapter 143 Limits On Applicability Imposed By State Law

Chapter 144 Conflicts Involving Damage Suits

Chapter 145 State Acts Versus Longshore Act

Chapter 146 Conflicts Involving "Seamen's" Remedies

Chapter 147 Conflicts Involving The FELA

Chapter 148 Energy Employees Occupational Illness Compensation Program Act

Chapters 148-149 [Reserved]

Part 16 Insurance

Chapter 150 The Semi-Public Nature Of Compensation Insurance

Chapter 151 Construction Of Policy Coverage

Chapter 152 Rights Between Employer And Insurer

Chapter 153 Rights Between Insurers

Chapters 154-155 [Reserved]

Part 17 Relation To Other Kinds Of Wage-Loss Protection

Chapter 156 Compensation As Part Of General Wage-Loss System

Chapter 157 Coordinating Compensation And Other Wage-Loss Benefits

Larson's Workers' Compensation