Workers Compensation: A Reference and Guide
Lencsis explains that workers compensation laws were enacted on the federal and state levels in the early part of the century and have endured in the same basic form to the present. They represent a radical departure from common law concepts of negligence and damages in that they provide for statutory medical and wage-loss benefits regardless of who is at fault. Lencsis explores how insurance mechanisms in the public and private sectors are used to fund benefits and to make their delivery as secure and certain as possible. He also notes that workers compensation insurance is a major part of the property-casualty insurance business, and as such has recently become one of its most profitable areas. Lencsis' book helps readers to understand these concepts and to work with them in the day-to-day conduct of their business. |
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Contents
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WORKERS COMPENSATION IN OTHER NATIONS | 14 |
AUTOMOBILE AND OTHER NOFAULT EXPERIMENTS TORT REFORM | 18 |
NOTES | 20 |
Federal Workers Compensation and Related Laws | 23 |
Insurers and SelfInsurers INDIVIDUAL AND GROUP SELFINSURANCE | 75 |
STATE INSURANCE FUNDS | 78 |
COMMERCIAL INSURERS | 80 |
REGULATION OF POLICY FORMS AND RATES GENERALLY THE MCCARRANFERGUSON ACT AND ANTITRUST LAWS | 83 |
FINANCIAL AND MARKET CONDUCT REGULATION | 84 |
RATE REGULATION THE NATIONAL COUNCIL ON COMPENSATION INSURANCE AND OTHER RATING OR ADVISORY ORGANIZATIO... | 85 |
COMPETITIVE RATING VERSUS ADMINISTERED PRICING | 87 |
NOTES | 89 |
THE MERCHANT MARINE ACT OF 1920 DEATH ON THE HIGH SEAS ACT AND GENERAL MARITIME LAW | 24 |
THE UNITED STATES LONGSHORE AND HARBOR WORKERS COMPENSATION ACT | 26 |
EXTENSIONS OF THE UNITED STATES LONGSHORE AND HARBOR WORKERS COMPENSATION ACT | 28 |
THE DISTRICT OF COLUMBIA WORKERS COMPENSATION LAW | 29 |
SOCIAL SECURITY AND MEDICARE | 31 |
NOTES | 32 |
Coverage of State and Federal Workers Compensation Laws LIABILITY FOR COMPENSATION ACCIDENTS ARISING OUT OF AND IN THE C... | 35 |
EMPLOYERS DEFENSES TO CLAIMS FOR COMPENSATION | 40 |
OCCUPATIONAL DISEASES | 41 |
THE EXCLUSIVE REMEDY RULE AND EXCEPTIONS | 42 |
COVERED EMPLOYERS AND EMPLOYEES | 43 |
EMPLOYEE VERSUS INDEPENDENT CONTRACTOR STATUS | 44 |
EMPLOYEES OF UNINSURED SUBCONTRACTORS | 46 |
EXTRATERRITORIAL APPLICATION OF STATE LAWS | 47 |
OTHER ASPECTS OF COMPLIANCE WITH WORKERS COMPENSATION LAWS | 48 |
NONOCCUPATIONAL DISABILITY BENEFIT LAWS AND COVERAGES | 49 |
Benefits and Claims MEDICAL BENEFITS | 51 |
INCOME DISABILITY BENEFITS | 52 |
SCHEDULED AWARDS FOR SELECTED INJURIES | 55 |
REHABILITATION BENEFITS | 56 |
NONTAXABILITY AND PROTECTION FROM CREDITORS | 57 |
ADMINISTRATIVE BOARDS AND COMMISSIONS TIME LIMITATIONS | 58 |
CONTROVERTED CASES AND APPEALS | 60 |
SETTLEMENTS AND COMPROMISES | 62 |
NOTES | 63 |
Special Funds and Residual Markets SECOND INJURY FUNDS | 65 |
UNINSURED EMPLOYER FUNDS | 67 |
INSURANCE GUARANTY SECURITY FUNDS | 68 |
MISCELLANEOUS FUNDS | 69 |
NOTES | 73 |
Insurance Coverages and Premiums THE STANDARD WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY | 91 |
ENDORSEMENTS | 95 |
PREMIUM CALCULATION GENERALLY | 98 |
DEVIATIONS DIVIDENDS AND OTHER RATING COMPONENTS | 99 |
EXPERIENCE RATING | 101 |
RETROSPECTIVE RATING | 102 |
STATISTICAL PLANS AND REPORTING | 104 |
NOTES | 105 |
Current Trends and Issues in Workers Compensation | 107 |
MANAGED CARE IN WORKERS COMPENSATION | 109 |
ELECTIVE WORKERS COMPENSATION LAWS | 111 |
ALTERNATIVE WORKERS COMPENSATION INSURANCE PRODUCTS | 112 |
EMPLOYEE LEASING | 113 |
TELECOMMUTING | 114 |
THE DEMISE OF WORKERS COMPENSATION AS A SEPARATE SYSTEM? | 115 |
Conclusion | 119 |
Glossary | 121 |
Appendixes | 131 |
Federal Employers Liability Act 45 USC Sees 5154 1908 as amended | 133 |
Merchant Marine Act of 1920 Jones Act 46 USC Sec 688 | 135 |
Death on the High Seas Act 46 USC Sec 761 et seq 1920 | 137 |
United States Longshore and Harbor Workers Compensation Act 33 USC Sec 901 et seq 1927 As Amended Through 1984 | 139 |
Federal Employees Compensation Act 5 USC Sec 8102 et seq | 141 |
New York State Constitution Article 1 Section 18 | 143 |
New York Workers Compensation Law | 145 |
Ives v South Buffalo Railway Company 201 NY 271 94 NE 431 1912 | 151 |
New York Central Railroad Co v White 243 US 188 37 SCt 247 1917 | 153 |
Workers Compensation and Employers Liability Policy | 157 |
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