Workers Compensation Law Cases Materials and Text 6th Edition by Lex K Larson ISBN 1531008089 9781531008086

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ISBN 10: 1531008089 
ISBN 13: 9781531008086
Author: Lex K Larson

Workers Compensation Law Cases Materials and Text 6th Table of contents:

PART 1 THE NATURE AND HISTORY OF WORKERS’ COMPENSATION
Chapter 1 · Basic Features of Compensation
§ 1.01 Introduction
§ 1.02 Typical Compensation Act Summarized
§ 1.03 Unique Character of the American System
§ 1.04 Compensation Contrasted with Tort
[1] Introduction
[2] The Test of Liability: Work Connection Versus Fault
[3] Underlying Social Philosophy
[4] Significance of Difference in Defenses
[5] Nature of Injuries and Elements of Damage Compensated
[6] Amount of Compensation
[7] Ownership of the Award
[8] Significance of Insurance
§ 1.05 American System Distinguished from Social Insurance
[1] Introduction
[2] Private Character of the System
[3] Allocation of Burden, and Relation of Hazard to Liability
[4] Qualification for and Measure of Benefits
[5] Retroactive Unilateral Employer Liability

Chapter 2 · Historical Development of Workers’ Compensation
§ 2.01 Common-Law Background
[1] Introduction
[2] Primitive Law
[3] 1000–1837
[4] 1837–1880: Contraction of Workers’ Remedies
[5] Judicial Efforts to Cut Down Common-Law Defenses
[6] Precompensation Legislation
§ 2.02 Origins of Workers’ Compensation in Europe
§ 2.03 Origins of Workers’ Compensation in the United States
§ 2.04 Growth of Workers’ Compensation in the United States
[1] 1910–1969
[2] 1970–1985
[3] 1986–Present

PART 2 “ARISING OUT OF THE EMPLOYMENT”
Chapter 3 · General Principles and Doctrines
§ 3.01 Summary of Statutory Provisions
§ 3.02 The Five Lines of Interpretation of “Arising”
[1] Introduction
[2] Peculiar-Risk Doctrine
[3] Increased-Risk Doctrine
[4] Actual-Risk Doctrine
[5] Positional-Risk Doctrine
§ 3.03 The Categories of Risk
[1] Introduction
[2] Risks Distinctly Associated with the Employment
[3] Risks Personal to the Claimant
[4] Neutral Risks
[5] Mixed Risks
§ 3.04 Acts of God and Exposure
[1] Introduction
[2] Lightning, Tornadoes, Windstorms, etc.
[3] Exposure to Heat and Cold
§ 3.05 The Street-Risk Doctrine
§ 3.06 Positional and Neutral Risks
[1] Introduction
[2] Bombs and Terrorist Attacks
[3] Unexplained Accidents
[4] Current Acceptance of Positional Risk Doctrine

Chapter 4 · Assaults
§ 4.01 Introduction
§ 4.02 Workplace Assaults: Personal Motivation
§ 4.03 The Aggressor Defense
§ 4.04 Assaults by Strangers
§ 4.05 Assaults Stemming from Labor Dispute

Chapter 5 · Risks Personal to the Employee
§ 5.01 Introduction
§ 5.02 Internal Weakness Causing Fall
§ 5.03 Preexisting Weakness Aggravated by Employment
§ 5.04 Imported Danger Cases

Chapter 6 · Range of Compensable Consequences
§ 6.01 Introduction
§ 6.02 Original Compensable Injury Causing Subsequent Injury
§ 6.03 Subsequent Aggravation of Original Injury
§ 6.04 Refusal of Reasonable Surgery

PART 3 COURSE OF EMPLOYMENT
Chapter 7 · Time and Place
§ 7.01 Meaning of “Course of Employment”
§ 7.02 Going to and from Work
[1] Introduction
[2] Going to Work
[3] Leaving Work
[4] Meal Breaks and the Like
§ 7.03 Journey Itself Part of Service
§ 7.04 Employer’s Conveyance
[1] Introduction
[2] General Rule Covering Trips in Employer’s Conveyance
[3] Employers in the Transportation Business
§ 7.05 Dual-Purpose Trips
§ 7.06 Working at Home
§ 7.07 Deviations

Chapter 8 · Activity
§ 8.01 General Test of Work-Connection as to Activity
§ 8.02 Personal Comfort Doctrine
§ 8.03 Recreational and Social Activities
§ 8.04 Horseplay
§ 8.05 Resident Employees
§ 8.06 Traveling Employees
§ 8.07 Injuries after Quitting or Before Formal Hiring
§ 8.08 Acts Outside Regular Duties
§ 8.09 Acts in Emergency
§ 8.10 “Delayed-Action” Injuries

PART 4 ACCIDENTAL INJURY AND DISEASE
Chapter 9 · “Personal Injury by Accident”
§ 9.01 Meaning of “Personal Injury”
§ 9.02 Meaning of “by Accident”
[1] Introduction
[2] Summary of Statutory “By Accident” Provisions
[3] Component Elements of the “by Accident” Concept
[4] Accident and Disease
§ 9.03 Injury from Usual Exertion or Exposure
§ 9.04 Definite Time Versus Gradual Injury: Cumulative Trauma
[1] Introduction
[2] Repeated Exposure to Harmful Substances
[3] Carpal Tunnel Syndrome and Other Repetitive Motion Injuries

Chapter 10 · Disease
§ 10.01 Infectious Disease as an “Accident”
§ 10.02 Occupational Disease
[1] Introduction
[2] Summary of Occupational Disease Statutes
[3] Background of Occupational Disease Legislation
[4] Definition of “Occupational Disease”
[5] Individual Allergy and Occupational Disease
§ 10.03 Special Problems of Certain Respiratory Diseases
[1] Introduction
[2] The Black Lung Act
[3] Asbestos-Related Diseases
[4] Byssinosis

Chapter 11 · Mental and Nervous Injury
§ 11.01 Introduction
§ 11.02 The California Experience
§ 11.03 Statutory Developments in Other States
§ 11.04 Physical Trauma Producing Mental Injury
§ 11.05 Mental Trauma Producing Mental Injury

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