• Defense Base Act and War Hazards Compensation Act Handbook
 
 
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Defense Base Act and War Hazards Compensation Act Handbook

Defense Base Act and War Hazards Compensation Act Handbook

AVAILABLE NOW! This handbook is the only practical guide published on the Defense Base Act and War Hazards Compensation Act. Hostilities in Eastern Europe, Afghanistan, and most recently Iraq and other countries in the Middle East have caused many employers concern and uncertainty over workers' compensation exposures to employees working in those parts of the world.


Availability: In Stock
Publisher :Matthew Bender
Format: One Volume softbound , BOOK

ISBN: 9781422481776

2010
 
$64.00
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    Long Description

    This handbook is the only practical guide published on the Defense Base Act and War Hazards Compensation Act. Hostilities in Eastern Europe, Afghanistan, and most recently Iraq and other countries in the Middle East have caused many employers concern and uncertainty over workers' compensation exposures to employees working in those parts of the world. Many consultants, technical representatives, advisors and all variety of workers have been sent overseas to assist directly or indirectly with the war effort. Many construction workers have already been sent to assist in the rebuilding of war-torn Iraq.

    The two primary federal statutes which address these matters are the Defense Base Act ("DBA" ) [42 U.S.C.S. § 1651 et seq. ] and the War Hazards Compensation Act ("WHCA") [42 U.S.C.S. § 1701 et seq.]. The general purpose of the DBA is to provide uniform and generous compensation benefits to certain civilian employees "domestic and foreign" of private companies doing work overseas in furtherance of American foreign policy. The general purpose of the WHCA is to shift to the United States government the costs of compensating certain civilian employees "domestic and foreign" of private companies who are working overseas in furtherance of American foreign policy and are injured or killed by a war risk hazard.

    This handbook combines expert analysis of the substantive law with practice tips and other helpful tools. The handbook is written for attorneys, insurance companies, claims adjusters, judges, defense contractors, injured workers, and others. It provides the reader with a basic introduction to the Defense Base Act, its history and purpose, current events, and a list of common acronyms and terminology. The handbook discusses coverage issues, underwriting, waivers, exclusivity rules, types of benefits, the claims process, discovery issues, average weekly wage calculations, zone of special danger doctrine, commutations, settlements, and death benefits. There's also a chapter on the War Hazards Compensation Act and how benefits are obtained under that Act. At the end of the handbook, a full reprint of Defense Base Act and War Hazards Compensation Act statutes and the Longshore Harbor and Workers' Compensation Act statutes are provided.

    Table of Contents
    Chapter 1 Introduction to Defense Base Act
    Chapter 2 Coverage: Categories of Work Within Defense Base Act
    Chapter 3 Underwriting the Defense Base Act
    Chapter 4 Waivers Under Defense Base Act
    Chapter 5 The Defense Base Act Exclusivity: Employee's Sole Remedy and Employer's Limitation on Liability
    Chapter 6 Benefits Under Defense Base Act
    Chapter 7 Claims: Adjudication and Appeals Under Defense Base Act
    Chapter 8 The Discovery Quagmire: Foreign Worker Claims Under Defense Base Act
    Chapter 9 Average Weekly Wage in Defense Base Act Cases
    Chapter 10 The Zone of Special Danger: Judicial Doctrine Expands Scope of Compensability Under Defense Base Act
    Chapter 11 Commutations, Death Benefits, and Settlements Under Defense Base Act: “Vive La Difference” for Foreign Workers
    Chapter 12 The War Hazards Compensation Act: “Kissing Cousin” to Defense Base Act
    Chapter 13 Post-Traumatic Stress Disorder and Stress#45Related Psychiatric Injuries
    Appendix 1 DBA and WHCA Statutes
    Appendix 2 LHWCA Statutes
    Table of Cases
    Index

     

    Roger A. Levy


    About the Author

    Roger A. Levy is presently of counsel and former partner with Laughlin, Falbo, Levy & Moresi, LLP, in San Francisco, California. Mr. Levy has been a practicing attorney in the state of California since January of 1970. During that time he has devoted his practice almost entirely to work-place injuries. He first represented claimants, then joined the defense firm of Sedgwick, Detert, Moran and Arnold in 1973 and became a partner five years later. There he concentrated on defending California state matters until the 1972 amendments to the LHWCA took hold, at which time he changed his focus to federal cases. In 1985 he became a founding partner in Laughlin, Falbo, Levy & Moresi, the nation's largest firm whose practice is devoted exclusively to the defense of workers' compensation cases. There he has continued his emphasis on the LHWCA and related matters. He has presented at numerous conferences and seminars throughout the country on issues including LHWCA jurisdiction, third-party remedies, mediation, the Defense Base Act, and War Hazards Compensation Act, and has authored numerous articles and publications on these subjects.

    Other contributors to the handbook are as follows:


    David C. Barnett, Barnett and Lerner, PA, Fort Lauderdale, FL
    Roger D. Ellickson, Consultant, Defense Base Act and International Insurance, Round Lake, IL
    Keith L. Flicker, Flicker, Garelick & Associates, LLP, New York, NY; Saddlebrook, NJ
    Richard L. Garelick, Flicker, Garelick & Associates, LLP, New York, NY; Saddlebrook, NJ
    Joshua T. Gillelan II, Longshore Claimants' National Law Center, Washington, D.C.
    David M. Linker, Freedman & Lorry, PC, Philadelphia, PA
    William B. Newton, Ashcraft & Gerel, LLP, Washington, D.C.
    Mark L. Schaffer, Ashcraft & Gerel, LLP, Washington, D.C.
    Stephanie N. Seaman, Laughlin, Falbo, Levy & Moresi, LLP, San Francisco, CA
    Michael Thomas, Laughlin, Falbo, Levy & Moresi, LLP, San Francisco, CA

     

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