Workers' Compensation and Employee Protection Laws in a Nutshell,9780314226457

Workers' Compensation and Employee Protection Laws in a Nutshell

by ; ;
Edition: 3rd
ISBN13: 9780314226457
ISBN10: 0314226451
Format: Paperback
Pub. Date: 1999-07-01
Publisher(s): West Group
List Price: $26.00

Buy New

Usually Ships in 5-7 Business Days
$25.97
Add to Cart

Rent Textbook

Select for Price
Add to Cart
There was a problem. Please try again later.

Used Textbook

We're Sorry
Sold Out

eTextbook

We're Sorry
Not Available

Buy from our Marketplace starting at $7.70

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Table of Contents

Preface v
Table of Cases
xxiii
PART 1. HISTORICAL BACKGROUND OF COMPENSATION LEGISLATION
Employment Related Actions and Legislation
1(22)
Employee's Common--Law Remedies
1(4)
Fellow--Servant Doctrine
2(2)
Contributory Negligence
4(1)
Assumption of Risk
4(1)
Employers' Liability Acts
5(1)
European Compensation Legislation
6(2)
Germany
6(1)
Great Britain
7(1)
State Compensation Acts
8(4)
Maryland
8(1)
Montana
9(1)
Massachusetts
9(1)
New York
9(2)
Florida
11(1)
Federal Legislation
12(11)
Federal Employees' Compensation Act
12(2)
Federal Employers' Liability Act
14(2)
The Jones Act
16(2)
Longshore and Harbor Workers' Compensation Act
18(4)
Federal Black Lung Benefits Legislation
22(1)
PART 2. THE LAW OF WORKERS' COMPENSATION
Theories and Policies of Workers' Compensation
23(10)
Constitutional Theories
23(4)
Freedom of Contract
24(1)
Election
24(1)
Presumptive Coverage
25(1)
Compulsory Coverage
26(1)
Exclusiveness of Remedy
26(1)
Social and Economic Policies
27(4)
Employee--Employer ``Bargain''
27(1)
Industrial Burden for Injuries and Death
28(1)
Medical Loss and Wage Loss
28(1)
Social Insurance
29(1)
Economic Appraisal
30(1)
Liberal Construction of Compensation Acts
31(2)
Workers' Compensation and the Law of Torts
33(8)
Common Law and Statutory Actions
33(1)
The Struggle for Coverage and Non--Coverage
33(8)
Co--Employees
34(1)
Dual Capacity Employers
35(1)
Property Actions
35(1)
Negligent Inspectors
36(1)
Bad Faith
36(1)
Products Liability
37(1)
Physicians
37(1)
Intentional Torts of Employers
38(1)
Nonphysical Torts
39(1)
Retaliatory Discharge
39(2)
The Employee--Employer Relationship
41(16)
Employees and Employers Generally
41(1)
Employees
42(9)
Casual Employees
43(1)
Agricultural Employees
43(1)
Domestic Employees
44(1)
Loaned Employees
44(1)
State and Municipal Employees
45(1)
Federal Employees
46(1)
Participation of Employees in Enterprise
47(1)
Volunteers
48(1)
Aliens
48(1)
Minors
49(1)
Illegal Employments
49(1)
Independent Contractors
50(1)
Professional Employees
51(1)
Employers Generally
51(6)
Minimum Number of Employees
52(1)
General and Special Employers
52(1)
Subcontractors and Statutory Employers
53(1)
Charitable Organizations
54(1)
Concurrent Employers
54(1)
Successive Employers
55(2)
The Coverage Formula---Necessity for a ``Personal Injury by Accident Arising Out of and in the Course of Employment''
57(28)
The Coverage Inquiry
57(3)
The ``Arising Out Of'' Concept
60(8)
The Five Basic Risk Doctrines
61(1)
Proximate Cause
61(1)
Peculiar Risk
61(1)
Increased Risk
62(1)
Actual Risk
62(1)
Positional Risk
63(1)
A Miscellany of Risks
63(1)
Acts of God
63(1)
Street Risk Doctrine
63(1)
Imported Dangers Doctrine
64(1)
Assault
65(1)
Horseplay
66(1)
Heart Cases
66(1)
Pre-existing Injury or Disease
67(1)
Unexplained Accidents
68(1)
The ``in the Course of'' Concept
68(9)
An Introduction and Perspective
68(3)
Common ``in the Course of'' Problems
71(1)
Going to and From Work
71(1)
Mixed-Purpose Trips
72(1)
Recreation
73(1)
Personal Comfort Doctrine
74(1)
Emergencies
74(1)
Wilful Misconduct and Violation of Laws, Regulations and Safety Rules
75(1)
Intoxication
76(1)
Suicides
76(1)
The Necessity of ``Personal Injury by Accident''
77(4)
The Problems
77(3)
The Solution
80(1)
Occupational Disease
81(4)
Coverage Schemes
81(1)
Coverage Problems
81(1)
Occupational Disease Versus Accident
81(1)
Occupational Disease Versus Common Diseases
82(1)
Occupational Disease and Medical Causation
83(1)
Special Coverage Restrictions
84(1)
Death
85(7)
Death Benefits Generally
85(1)
Dependency and Partial Dependency
85(2)
Widow
87(2)
Living With or Apart
88(1)
Common--Law Marriage
88(1)
Children
89(1)
Family and Household Members
90(1)
Priorities
90(2)
Medical Expenses, Disabilities and Benefits
92(15)
Introduction to Recoveries
92(1)
Medical Expenses and Rehabilitation
93(1)
Selection of Physician
94(1)
Medical Loss and Wage Loss
95(2)
The Average Wage and Formulas
97(1)
Disabilities
98(4)
Disabilities Generally
98(1)
Temporary Partial
99(1)
Temporary Total
99(1)
Permanent Partial
100(1)
Permanent Total
101(1)
Disfigurement
101(1)
Multiple and Successive Injuries
102(2)
Second Injury Funds
104(1)
Death After Disability
105(1)
Death Compensation Benefits
106(1)
Administration
107(12)
Introduction
107(1)
Commissions Versus Courts
108(1)
Notices
109(1)
Statutes of Limitation
110(1)
Waiting Periods
111(1)
Hearings, Evidence and Review
112(2)
Compromise, Settlement, and Lump Sum Commutation
114(1)
Reopening, Modification, Termination, and Redistribution
115(1)
Insurance
116(2)
Removal
118(1)
Extraterritorial Problems and Overlapping Coverages
119(7)
Conflict of Laws
119(2)
Full Faith and Credit
121(1)
The Problem of Overlapping Coverage
122(4)
Third Party Actions
126(7)
Exclusive Nature of Compensation Act
126(1)
Who are Third Parties
127(1)
Third Party Actions Against the Employer
128(1)
Defenses of Third Parties
129(1)
Subrogation
129(2)
Uninsured Motorist Insurance and No-Fault Insurance
131(2)
Future of Workers' Compensation
133(6)
The National Commission on State Workmen's Compensation Laws
133(2)
National Workers' Compensation Standards Act Proposals
135(1)
Allocation of Future Economic and Social Burdens for Industrial Accidents and Diseases
136(3)
PART 3. EMPLOYEE PROTECTION LEGISLATION
Unemployment Compensation
139(11)
Background
139(3)
Federal Unemployment Insurance Programs
142(6)
Regular State Programs
142(1)
Overview
142(2)
Procedures and Appeals
144(1)
Extended and Supplemental Benefits
145(1)
Federal Employees and Ex--Servicemen
146(1)
Disaster Unemployment Assistance
147(1)
Trade Adjustment Assistance
147(1)
State Financed Programs
148(2)
Extended and Additional Benefits
148(1)
Unemployment Compensation Disability Benefits
148(2)
Fair Labor Standards Act
150(10)
Introduction
150(2)
Standards and Requirements
152(4)
Minimum Wage
152(1)
Overtime Compensation
153(2)
Sex--Based Wage Discrimination
155(1)
Child Labor
156(1)
Coverages
156(1)
Enforcement and Remedies
157(3)
Occupational Safety and Health Act
160(7)
Background and Scope
160(2)
Standards and Variances
162(2)
Enforcement and Procedures
164(3)
Federal Black Lung Benefits Legislation
167(6)
Background and Scope
167(2)
Eligibility and Benefits
169(2)
Procedures
171(1)
Mining Safety and Health
172(1)
Social Security
173(14)
Introduction
173(3)
Retirement and Survivors Insurance (OASI)
176(4)
Eligibility for OASI
176(1)
OASI Benefit Calculations
177(1)
OASI Benefits
178(2)
Disability Insurance (DI)
180(3)
Eligibility
180(1)
DI Benefits
180(1)
DI Evaluation
181(2)
Medicare--Hospital Insurance (HI) and Supplementary Medical Insurance (SMI)
183(2)
Supplemental Security Income (SSI)
185(1)
Procedure
185(2)
Federal and State Anti-Discrimination Laws in General
187(5)
Federal Laws
187(3)
State Laws
190(2)
Title VII of the 1964 Civil Rights Act, as Amended Through 1991
192(74)
Scope and Coverage
192(21)
Protection for Individuals
192(1)
Employers Governed by Title VII/ADEA
193(3)
American Corporations' Employees Working Abroad; ``Foreign'' Employers' Personnel in U. S. and Overseas; and National Origin, Alienage and Ancestry Discrimination Under Title VII, IRCA, and 42 U. S. C. A. § 1981
196(7)
Purely or Partly Religious Employers: Coverage, Exemptions, Defenses
203(1)
Overview: Discrimination Because of Religion
204(1)
Prima Facie Prohibitions
205(1)
BFOQ Defense
206(1)
``Purely'' Religious Organizations
206(2)
Religiously Affiliated Educational Institutions
208(2)
All Employers, Religious or Not: The ``BFOQ'' Affirmative Defense
210(1)
Constitutional Problems Surrounding Regulation of Religious Discrimination
211(2)
Title VII: The Basic Substantive Prohibitions
213(53)
The Meaning of Discrimination Because of ``Race,'' ``Color,'' ``National Origin,'' ``Religion,'' and ``Sex''
215(1)
Race
215(1)
National Origin, Including Accent Discrimination and Language Rules
215(2)
Discrimination Based on Gender
217(5)
Sexual Harassment
222(1)
Scope and Uniform Requirements
222(5)
``Quid Pro Quo'' or ``Tangible Terms'' Harassment
227(2)
Employer Liability for Quid Pro Quo (Tangible Terms) Discrimination
229(1)
``Hostile Environment'' Discrimination
230(7)
Employer Liability for Prohibited Hostile Environment Harassment By Supervisors and Co--Workers
237(5)
First Amendment Implications of Imposing Liability for Environmentally Harassing Speech
242(1)
The Special Statutory Concept of ``Religion''
243(3)
Particular Practices Given Special Statutory Treatment
246(1)
Restrictions Relative to Pregnancy and Abortion
246(4)
Fetal Vulnerability Rules
250(1)
Seniority Systems
251(3)
Professionally Developed Ability Tests
254(2)
Retaliation
256(5)
Constructive Discharge
261(3)
Union Liability
264(2)
Title VII Modes of Proof, Administrative Procedures, and Remedies
266(106)
Individual Disparate Treatment---``Direct'' Evidence
266(9)
In General
266(4)
The ``BFOQ'' Affirmative Defense
270(5)
Individual Disparate Treatment---Inferential Proof
275(17)
In General
275(9)
The Problem of ``Mixed Motives''
284(4)
``After--Acquired Evidence'': A Limitation of Employer Liability
288(4)
Systemic Disparate Treatment
292(9)
The Relief Stage of the Bifurcated Systemic Disparate Treatment Action
301(3)
How the Individual and Systemic Disparate Treatment Cases Interrelate
304(1)
Neutral Practices with Disproportionate Adverse Impact
305(10)
Administrative Prerequisites and Procedures
315(25)
In General
315(5)
Continuing Violations
320(3)
From EEOC to Federal or State Court
323(3)
Arbitration as Precluding the Civil Lawsuit: The Potential of the Gilmer Decision
326(4)
Suit by EEOC
330(2)
Plaintiff Joinder and Class Actions
332(5)
Relation of Federal Lawsuit to EEOC Investigation
337(2)
Employer Recordkeeping Requirements
339(1)
Title VII Remedies
340(15)
Reinstatement and Back Pay
340(5)
Compensatory and Punitive Damages for Title VII and Americans With Disabilities Act Violations After November 20, 1991
345(8)
Tax Treatment of Settlement or Judgment Proceeds in Employment Discrimination Cases
353(2)
Retroactive Seniority for Proven Victims of Discrimination
355(5)
Affirmative Action by ``Voluntary'' Programs and Judicial Decrees
360(10)
Procedures and Remedies in Affirmative Action Challenges
370(2)
Other Federal Antidiscrimination Laws
372(114)
The Civil Rights Acts of 1866, 1870, and 1871
372(24)
In General
372(2)
Section 1981
374(9)
Section 1983
383(4)
Whether § 1981 Plaintiffs Suing State and Local Government Employers Must Meet the Additional Proof Requirements of § 1983
387(2)
Bivens Claims Asserted Directly Under U. S. Constitution
389(3)
Section 1985(3)
392(4)
The Equal Pay Act of 1963
396(20)
EPA Coverage, the Prima Facie Case and Affirmative Defenses
397(1)
Coverage
397(2)
Equal Work
399(1)
Unequal Pay
400(1)
Equal ``Rate'' of Pay
400(1)
The Necessity of a ``Comparator'' Within a Single ``Establishment''
401(2)
The Employer's Defenses
403(2)
Retaliation
405(1)
Enforcement, Limitations, and Remedies
406(1)
Enforcement
406(1)
Limitations
407(1)
Continuing Violations
408(1)
Remedies
409(1)
Gender--Based Compensation Discrimination Outside the Reach of EPA But prohibited by Title VII
410(1)
Comparable Worth
411(2)
Claims Covered by Title VII and EPA
413(3)
The Age Discrimination in Employment Act of 1967, as Amended (``ADEA'')
416(36)
In General
416(3)
Coverage
419(6)
Proof Modes
425(5)
Mixed Motives in ADEA Disparate Treatment Cases
430(4)
Does a ``Neutral Practice/Adverse Impact'' Theory Survive Under Adea?
434(4)
Retaliation
438(1)
The Older Workers Benefit Protection Act
438(2)
Waiver of Rights or Claims Under the ADEA After OWBPA
440(3)
ADEA Procedures
443(4)
ADEA Remedies
447(5)
Sex Discrimination in Federally Funded Education Programs: Title IX
452(6)
Covered Programs or Activities
453(2)
Exemptions
455(1)
Elements of a Private Action Under Title IX
455(2)
Damages
457(1)
Costs and Fees: Federal Rule of Civil Procedure 54(d), The Civil Rights Attorney's Fees Awards Act, and Federal Rule 68
458(19)
Recovering Costs of Suit: F. R. C. P. 54(D)
458(1)
Attorney's Fees for Prevailing Parties: The Civil Rights Attorney's Fees Awards Act
459(15)
F. R. C. P. 68: The Denial of Post-Offer Costs and Fees to a Plaintiff Who Rejects a Defendant's Offer of Judgment and Obtains a Smaller or Equal Judgment
474(3)
Disability Discrimination: The Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973
477(9)
Miscellaneous Employee Protection Laws
486(15)
Employee Retirement Income Security Act of 1974 (ERISA)
486(1)
National Labor Relations Act
487(1)
Labor Management Relations Act
488(1)
Federal Construction Projects
489(1)
Executive Orders
490(1)
Foreign Boycott Laws
491(1)
Federal Credit Laws
491(1)
Jury Service
492(1)
Unjust Discharges
492(3)
Drugs in the Workplace
495(1)
Polygraphs
496(1)
Notice of Plant Closings
496(1)
Migrant Farm Workers
497(1)
Contagious Diseases in the Work Place
497(1)
Family and Medical Leave
498(1)
Violence Against Women
498(1)
Uniformed Services Personnel
499(2)
Index 501

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.