Guide · Labor and Employment
Workers' Compensation: A Comprehensive Guide to Coverage, Benefits, and Claim Disputes
5 U.S.C. §§ 8101
- Type
- Guide
- Jurisdiction
- National
- Date
- 2023-07-31
- Topic
- Labor and Employment
A complete practitioner's treatment of workers' compensation for claimant counsel, defense counsel, and employers. Part I maps the system architecture including the federal programs that sit outside state law. Part II covers who is covered, including the employee-contractor question, statutory employer liability, borrowed servant doctrine, and the catastrophic consequences of failing to insure. Part III works compensability in full: the arising-out-of and in-the-course-of test, the going and coming rule and its exceptions, the special doctrines governing personal comfort and horseplay and idiopathic falls, occupational disease and cumulative trauma, psychological injury across its three categories, and statutory presumptions. Part IV covers notice and claim deadlines. Parts V through VIII cover benefits: medical care and the utilization review apparatus, temporary and permanent disability and death benefits, average weekly wage computation, and impairment rating at maximum medical improvement. Part IX covers return to work and the ADA and FMLA interplay. Part X covers exclusive remedy and every recognized exception. Part XI covers third-party actions and the employer's lien and credit. Part XII covers settlement including Medicare Set-Asides. Parts XIII through XVI cover dispute procedure, insurance and fraud, employer compliance obligations, and the verification list.
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