Larson's Workers' Compensation Law

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ISBN: 9780520513349
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Larson's Workers' Compensation Law is the premier resource for analysis of workers' compensation law. Comprehensive and authoritative, Larson's Workers' Compensation Law is used by state commissions and cited, with great frequency, by courts across the country.

Since 1952, Larson's Workers' Compensation Law has been the most trusted name in workers' compensation legal analysis. Originally written by Arthur Larson (1910-1993), the James B. Duke Professor of Law at Duke University Law School and an Under Secretary of Labor, Larson's Workers' Compensation Law is now guided by noted legal experts Lex K. Larson and Thomas A. Robinson.

Larson's Workers' Compensation Law provides:

•  The now standard framework by which workers’ compensation is organized and understood;
•  The nuts and bolts of workers’ compensation as well as newly developing areas of the law;
•  Discussions of the variations in state law and consequences;
•  A variety of local practices, grouping states that agree on a particular pattern of law;
•  Quick access by legal principle and fact situation indexing;
•  Up-to-date, detailed case summaries for comparison of facts and holdings;
•  Discussion about the interaction of workers’ compensation with other laws, for example the Americans with Disabilities Act, Social Security, and the Longshore and Harbor Workers’ Compensation Act.

Speed your research with complementary practice aids. With Larson's Workers' Compensation Law, you receive the “Digest” feature, which expedites access to cases by jurisdiction, and helpful state-by-state comparisons of substantive statutory provisions are also included.

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Table of contents

Volume 1

Ch. 1 The Nature of Workers' Compensation
Ch. 2 Historical Development of Workers' Compensation
Ch. 3 The Five Lines of Interpretation of "Arising"
Ch. 4 The Categories of Risk
Ch. 5 Acts of God and Exposure
Ch. 6 The Street-risk Doctrine
Ch. 7 Positional and Neutral Risks
Ch. 8 Assaults
Ch. 9 Risks Personal to the Employee
Ch. 10 Range of Compensable Consequences
Ch. 11 [Reserved]

Volume 2

Ch. 12 Meaning of "Course of Employment"
Ch. 13 Going To and From Work
Ch. 14 Journey Itself Part of Service
Ch. 15 Employer's Conveyance
Ch. 16 Dual-purpose Trips
Ch. 17 Deviations
Chs. 18-19 [Reserved]
Ch. 20 General Test of Work Connection as to Activity
Ch. 21 Personal Comfort Doctrine
Ch. 22 Recreational and Social Activities
Ch. 23 Horseplay
Ch. 24 Resident Employees
Ch. 25 Traveling Employees
Ch. 26 Injuries After Quitting or Before Formal Hiring

Volume 3

Ch. 27 Acts Outside Regular Duties
Ch. 28 Acts in Emergency
Ch. 29 Conclusion: Work-connection as Merger of "Arising" and "Course"
Chs. 30-31 [Reserved]
Ch. 32 General Irrelevance of Employee Fault
Ch. 33 Misconduct Apart from Statutory Defenses
Ch. 34 Statutory Defense of Willful Misconduct
Ch. 35 Statutory Defense of Failure to Obey Safety Rules
Ch. 36 Intoxication
Ch. 37 Violation of Statute or Commission of Crime
Ch. 38 Suicide or Intentional Self-injury
Ch. 39 Employee Fraud
Chs. 40-41 [Reserved]
Ch. 42 Meaning of "By Accident"
Ch. 43 Injury from Usual Exertion or Exposure: The Four Approaches
Ch. 44 Injury from Usual Exertion or Exposure: What is Unusual?
Ch. 45 Usual Exertion or Exposure: Breakage Versus Generalized Conditions
Ch. 46 Usualness: Relation of "By Accident" to "Arising out of the Employment"
Chs. 47-49 [Reserved]

Volume 4

Ch. 50 Definite Time Versus Gradual Injury
Ch. 51 "Accidental" Infectious Diseases
Ch. 52 Occupational Disease: General Principles
Ch. 53 Occupational Disease: Special Principles
Ch. 54 Occupational Disease: The Black Lung Act
Ch. 55 Meaning of "Personal Injury"
Ch. 56 "Personal Injury:" Mental and Nervous Injury
Chs. 57-59 [Reserved]

Volume 5

Ch. 60 "Employee" Defined
Ch. 61 Contractor Distinction: Right to Control Details
Ch. 62 Contractor Distinction: Relative Nature of Work
Ch. 63 Deliberate Avoidance of Employment Relation
Ch. 64 Necessity for "Contract of Hire"
Ch. 65 Necessity for Payment
Ch. 66 Illegal Employment; False Job Applications
Ch. 67 Lent Employees
Ch. 68 Joint and Dual Employment
Ch. 69 [Reserved]

Volume 6

Ch. 70 Statutory Employees: "Uninsured Contractor Under"
Ch. 71 Statutory Employees: "Other Non-Employees Deemed Employees"
Ch. 72 Nonbusiness Employments
Ch. 73 Casual Employment Not in Course of Usual Business
Ch. 74 Minimum Number of Employees
Ch. 75 Farm Labor
Ch. 76 Executives and Partners
Ch. 77 Hazardous Employment
Ch. 78 Public Employment
Ch. 79 [Reserved]
Ch. 80 Kinds and Elements of Disability

Volume 7

Ch. 81 Earnings Creating Presumption of Earning Capacity
Ch. 82 Actual Earnings as Credit Against Award
Ch. 83 Total Disability as Affected by Actual Earnings: The "Odd Lot" Doctrine
Ch. 84 Inability to Get Work Because of Injury as Disability
Ch. 85 Refusal of Suitable Work
Ch. 86 Nature of Schedule Benefits
Ch. 87 Exclusiveness of Schedule Allowances
Ch. 88 Disfigurement Awards
Ch. 89 Heritability and Assignability of Claims and Benefits; Taxability of Benefits 

Volume 8

Ch. 90 Successive Disabilities: General Principles
Ch. 91 Second Injury Funds
Ch. 92 Effect of Successive or Concurrent Injuries on Maximum Award
Ch. 93 Calculation of Wage Basis and Benefits
Ch. 94 Hospital and Medical Benefits
Ch. 95 Rehabilitation
Ch. 96 Statutory Categories of Relationship
Ch. 97 Dependency in Fact
Ch. 98 Death Benefits
Ch. 99 [Reserved]

Volume 9

Ch. 100 Nature and Scope of the Exclusiveness Principle
Ch. 101 Exclusiveness as to Persons Other Than Employee
Ch. 102 Action Against Employer
Ch. 103 Intentional Injury by Employer or Its Agent
Ch. 104 Intentional Injury: Non-Physical-Injury Torts
Ch. 105 Statutory Provisions on Employer's Misconduct
Chs. 106-109 [Reserved]

Volume 10

Ch. 110 Theory of Third Party Actions
Ch. 111 Who Are "Third Persons": Types of Statutes
Ch. 112 Who Are "Third Persons": Particular Entities
Ch. 113 Who Are "Third Persons": The Dual-Persona Doctrine
Ch. 114 Who Are "Third Persons": Insurers
Ch. 115 Election
Ch. 116 Subrogation: General Principles
Ch. 117 Subrogation: Distribution of Proceeds
Ch. 118 Proper Parties to Third Party Action
Ch. 119 [Reserved]

Volume 11

Ch. 120 Third Party's Defenses
Ch. 121 Third Party's Action Over Against Negligent Employer
Ch. 122 Third Party's Breach of Separate Duty Toward Employer
Ch. 123 [Reserved]
Ch. 124 Informality of Compensation Procedure
Ch. 125 Alternative Dispute Resolution
Ch. 126 Notice and Claim Periods

Volume 12

Ch. 127 Evidence in General
Ch. 128 Medical Evidence
Ch. 129 [Reserved]
Ch. 130 Review of Awards 

Volume 13

Ch. 131 Reopening Awards
Ch. 132 Agreements and Settlements
Ch. 133 Attorneys' Fees
Ch. 134 Witness Fees; Other Costs; Interest
Ch. 135 Penalties
Chs. 136-139 [Reserved]
Ch. 140 Nature of Compensation Conflicts Problem
Ch. 141 Successive Awards in Different States
Ch. 142 Limits on Applicability Imposed by Federal Constitution
Ch. 143 Limits on Applicability Imposed by State Law

Volume 14

Ch. 144 Conflicts Involving Damage Suits
Ch. 145 State Acts Versus Longshore Act
Ch. 146 Conflicts Involving "Seamen's" Remedies
Ch. 147 Conflicts Involving the FELA
Ch. 148 Energy Employees Occupational Illness Compensation Program Act
Ch. 149 Defense Base Act
Ch. 150 The Semi-Public Nature of Compensation Insurance
Ch. 151 Construction of Policy Coverage
Ch. 152 Rights Between Employer and Insurer
Ch. 153 Rights Between Insurers
Chs. 154-155 [Reserved]
Ch. 156 Compensation as Part of General Wage-loss System
Ch. 157 Coordinating Compensation and Other Wage-loss Benefits
Chs. 158-159 [Reserved]

Volume 15

Volume 16

Volume 17