| JUDGES' BENCHBOOK: Longshore and Harbor Workers' Compensation Act April 16, 2002 [2002 Revision] |
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| INDEX - TOPIC E |
DISCLAIMER: The Longshore Benchbook was created solely to assist the Office of Administrative Law Judges as a first reference in researching cases arising under the Longshore and Harbor Workers' Compensation Act, and extension acts, as amended. This Benchbook does not constitute the official opinion of the Department of Labor, the Office of Administrative Law Judges, or any individual judge on any subject. This Benchbook does not necessarily contain an exhaustive or current treatment of case holdings, and should, under no circumstances, substitute for a party's own research into the statutory, regulatory, and case law authorities on any given subject referred to therein. It is intended to be used as a research tool, not as final legal authority and should not be cited or relied upon as such.
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Index |
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Topic Sections |
Screen HTML |
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E |
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Election of Remedies |
85 |
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Employee |
2.3 |
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Employer |
2.4 |
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Beneficent |
8.2.3.1 |
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Dual Capacity Status |
5.2.3 |
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Liability |
4.1 |
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Responsible |
70 |
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( See also A Responsible Employer @ ) |
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Self Employed Worker |
1.7.4 |
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Employer-Employee Relationship |
75 |
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Determining Relationship |
75.1 |
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Requisite Employer-Employee Relationship |
75.0 |
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"Relative Nature of the Work" Test |
75.1 |
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"Restatement" Test |
75.1 |
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"Right to Control Details of Work" Test |
75.1 |
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Employment |
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Beneficent |
8.2.3.1 |
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Light-Duty |
8.2.3.1 |
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Sheltered |
8.2.3.1 |
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Suitable Alternate |
8.2.4.2 - 8.2.4.6 |
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Enforcement |
27.3 |
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Epiphora |
8.3.13 |
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Estoppel, Jurisdictional |
1.4.6 |
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Evidence |
19.02 |
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23 |
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Administrative Procedure Act |
23.1 |
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Admission ( See also , A Exclusion @ under this topic) |
23.2 |
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American Medical Association Guides |
23.8 |
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Credibility |
23.6 |
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A Daubert @ Inapplicable |
24.2 |
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Depositions |
24.3 |
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ALJ Can Compel Attendance |
27.1.2 |
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Exclusion ( See also , A Admission @ under this topic) |
27.1.1 |
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Formal Hearings |
23.9 |
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Hearsay |
23.4 |
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Inferences |
23.7 |
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Medical Testimony |
23.5 |
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Substantial |
21.2.9 |
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21.3.4 |
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Summary Decision |
19.4.2 |
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Surveill ance |
23.3 |
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A True Doubt @ Rule |
23.7.1 |
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Exclusions from Coverage |
1.11 |
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Aquaculture Workers |
1.11.11 |
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Clerical |
1.11.7 |
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"Employee" Exclusions |
1.11.6 |
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Government Employees |
1.11.3 |
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3.1 |
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Intoxication |
1.11.4 |
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3.2.1 |
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Marina Workers |
1.11.9 |
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Master or Member of a Crew |
1.11.1 |
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Misrepresentation |
3.2.3 |
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Recreational Employees |
1.11.8 |
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Recreational Vessel Construction |
1.11.12 |
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Small Vessel |
1.11.2 |
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1.11.13 |
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3.3 |
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Suppliers, Transporters, or Vendors |
1.11.10 |
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Willful Intent to Injure |
1. 11.5 |
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3.2.2 |
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Exclusivity of Remedy |
5.1 |
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Extension Acts |
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Applicability in Death Benefit Claims |
9.1 |
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Defense Base Act |
60.2 |
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District of Columbia Workers' Compensation Act |
60.1 |
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Nonappropriated Fund Instrumentalities Act |
60.4 |
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Outer Continental Shelf Lands Act |
60.3 |
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War Hazards Compensation Act |
60.5 |
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Extraordinary Effort |
8.2.3.1 |
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