内容

目次

1. The Nature of Workers' Compensation 2. Historical Development of Workers' Compensation 3. The Five Lines of Interpretation of "Arising" 4. The Categories of Risk 5. Acts of God and Exposure 6. The Street-risk Doctrine 7. Positional and Neutral Risks 8. Assaults 9. Risks Personal to the Employee 10. Range of Compensable Consequences 11. [Reserved] 12. Meaning of "Course of Employment" 13. Going To and From Work 14. Journey Itself Part of Service 15. Employer's Conveyance 16. Dual-purpose Trips 17. Deviations 18-19. [Reserved] 20. General Test of Work Connection as to Activity 21. Personal Comfort Doctrine 22. Recreational and Social Activities 23. Horseplay 24. Resident Employees 25. Traveling Employees 26. Injuries After Quitting or Before Formal Hiring 27. Acts Outside Regular Duties 28. Acts in Emergency 29. Conclusion: Work-connection as Merger of "Arising" and "Course" 30-31. [Reserved] 32. General Irrelevance of Employee Fault 33. Misconduct Apart from Statutory Defenses 34. Statutory Defense of Wilful Misconduct 35. Statutory Defense of Failure to Obey Safety Rules 36. Intoxication 37. Violation of Statute or Commission of Crime 38. Suicide or Intentional Self-injury 39-41. [Reserved] 42. Meaning of "By Accident" 43. Injury from Usual Exertion or Exposure: The Four Approaches 44. Injury form Usual Exertion or Exposure: What is Unusual? 45. Usual Exertion or Exposure: Breakage Versus Generalized Conditions 46. Usualness: Relation of "By Accident" to "Arising out of the Employment" 47-49. [Reserved] 50. Definite Time Versus Gradual Injury 51. "Accidental" Infectious Diseases 52. Occupational Disease: General Principles 53. Occupational Disease: Special Principles 54. Occupational Disease: the Black Lung Act 55. Meaning of "Personal Injury" 56. "Personal Injury:" Mental and Nervous Injury 57-59. [Reserved] 60. "Employee" Defined 61. Contractor Distinction: Right to Control Details 62. Contractor Distinction: Relative Nature of Work 63. Deliberate Avoidancce of Employment Relation 64. Necessity for "Contract of Hire" 65. Necessity for Payment 66. Illegal Employment; Fales Job Applications 67. Lent Employees 68. Joint and Dual Employment 69. [Reserved] 70. Statutory Employees: "Uninsured Contractor Under" 71. Statutory Employees: "Other Non-Employees Deemed Employees" 72. Nonbusiness Employments 73. Casual Employment Not in Course of Usual Business 74. Minimum Number of Employees 75. Farm Labor 76. Executives and Partners 77. Hazardous Employment 78. Public Employment 79. [Reserved] 80. Kinds and Elements of Disability 81. Earnings Creating Presumption of Earning Capacity 82. Actual Earnings as Credit Against Award 83. Total Disability as Affected by Actual Earnings: The "Odd Lot" Doctrine 84. Inability to Get Work Because of Injury as Disability 85. Refusal of Suitable Work 86. Nature of Schedule Benefits 87. Exclusiveness of Schedule Allowances 88. Disfigurement Awards 89. Heritability and Assignability of Claims and Benefits; Taxability of Benefits 90. Successive Disabilities: General Principles 91. Second Injury Funds 92. Effect of Successive or Concurrent Injuries on Maximum Award 93. Calculation of Wage Basis and Benefits 94. Hospital and Medical Benefits 95. Rehabilitation 96. Statutory Categories of Relationship 97. Dependency in Fact 98. Death Benefits 99. [Reserved] 100. Nature and Scope of the Exclusiveness Principle 101. Exclusiveness as to Persons Other Than Employee 102. Action Against Employer 103. Intentional Injury by Employer or Its Agent 104. Intentional Injury: Non-Physical-Injury Torts 105. Statutory Provisions on Employer's Misconduct 106-109. [Reserved] 110. Theory of Third Party Actions 111. Who Are "Third Persons": Types of Statutes 112. Who Are "Third Persons": Particular Entities 113. Who Are "Third Persons": the Dual-Persona Doctrine 114. Who Are "Third Persons": Insurers 115. Election 116. Subrogation: General Principles 117. Subrogation: Distribution of Proceeds 118. Proper Parties to Third Party Action 119. [Reserved] 120. Third Party's Defenses 121. Third Party's Action Over Against Negligent Employer 122. Third Party's Breach of Separate Duty Toward Employer 123. [Reserved] 124. Informality of Compensation Procedure 125. Alternative Dispute Resolution 126. Notice and Claim Periods 127. Evidence in General 128. Medical Evidence 129. [Reserved] 130. Review of Awards 131. Reopening Awards 132. Agreements and Settlements 133. Attorneys' Fees 134. Witness Fees; Other Costs; Interest 135. Penalties 136-139. [Reserved] 140. Nature of Compensation Conflicts Problem 141. Successive Awards in Different States 142. Limits on Applicability Imposed by Federal Constitution 143. Limits on Applicability Imposed by State Law 144. Conflicts Involving Damage Suits 145. State Acts Versus Longshore Act 146. Conflicts Involving "Seamen's" Remedies 147. Conflicts Involving the FELA 148. Energy Employees Occupational Illness Compensation Program Act 149. [Reserved] 150. The Semi-Public Nature of Compensation Insurance 151. Construction of Policy Coverage 152. Rights Between Employer and Insurer 153. Rights Between Insurers 154-155. [Reserved] 156. Compensation as Part of General Wage-loss System 157. Coordinating Compensation and Other Wage-loss Benefits 158-159. [Reserved] APPENDICES TABLE OF CASES INDEX