Workers Compensation: A Reference and Guide

Sampul Depan
Greenwood Publishing Group, 1998 - 173 halaman

For human resource professionals, labor law specialists, and others involved in the practice of labor-management relations, Lencsis provides a concise, easily-accessed description of the workers compensation system in the United States, its governing laws and also its insurance aspects. Covering all major facets of workers compensation legislation and the insurance and risk management techniques used to comply with them, his book will have equal benefits for the staffs of insurance companies and brokerages, compensation and claims professionals, and for workers compensation executives in governmental agencies.

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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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
Index
171
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PETER M. LENCSIS is an attorney in private practice in New York City. Formerly Vice President and General Counsel of Greater New York Mutual Insurance Company and Senior Staff Counsel to the National Council on Compensation Insurance, he has contributed to legal treatises in his field and serves as an adjunct professor at the College of Insurance, New York City. His first book, Insurance Regulation in the United States, was published by Quorum in 1997.

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