Larson's Workers' Compensation, Desk Edition

An abridgement that parallels the 17-volume treatise in organization and analysis.

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ISBN: 9780820513478
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Cut To The Core Of Workers' Compensation.

Minimize Your Research Time.

Larson's Workers' Compensation, Desk Edition delivers detailed case analyses, statutory references and essential background information in timesaving, comprehensive portions. With this compact reference, you can: understand the different categories of risk and the cases that support them; determine compensability under the law; and handle even the most complex compensation claims or defenses. Additionally, the parallel section numbering system eliminates the need for repeated cross-referencing between sets.

Provides The Full Range Of Significant Workers' Compensation Issues.

Larson's Workers' Compensation, Desk Edition gives you succinct, straightforward discussion of claims based on exposure to natural and "street" risks, emotional stress, recreational injuries, assault, suicide, intoxication and much more, with careful attention to variants arising from a wide array of circumstances.

Stay Up To Date And Up To Speed.

With Larson's Workers' Compensation, Desk Edition, you'll always be apprised of the latest developments in such controversial areas as the exclusive-remedy defense, medical and death benefits, psychological injuries, third-party claims, sexual harassment, and employment-related suicide. An abridgment that parallels the 17-volume Larson's Workers' Compensation Law in organization and analysis, the Desk Edition cites only as many cases as are necessary to illustrate the points covered in the text.

You'll still find Larson's authoritative and incisive coverage of:

•  Established law
•  Contemporary controversies
•  New directions in the law
•  Variations in state law and their consequences

The Desk Edition gives you valuable assistance in understanding this complex area of the law by:

•  Grouping states that agree on a particular pattern of law
•  Providing quick access by both legal principle and fact situation indexing
•  Providing up-to-date case summaries for comparison of facts and holdings
•  Illustrating main points with examples
•  Identifying independent contractor relationships

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Table of contents

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 Willful 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