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If you are on an allowed break in a place you are allowed to be, are covered by workers comp ?
Yes , because you are in the course of employment
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if ee is on break and is attacked by neighbor, did the action arise out of employment?
no, the attackers did not have anything to do with her company. He was a neighbor who did not relate to her company (Wait v. Travel)
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are inherent connections to employment compensate ?
yes
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are Inherently private disputes (jealous lover, rival) compensable?
no
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Street risk doctrine
If er send ee out in the streets and they are aware of the potential danger, ee injures are covered - sending ee out on icy street
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Preocular Risk Doctrine
risk has to be Precular to the work
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If employment brings you to the place where you are injured and the action arises out of employment, you are covered/compensated.
Positional risk doctrine (arise out of employment)
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Er is liable for benefits when injury occurs out of and in the course of the employment - job has to have increased risk
increase risk doctrine (arise out of employment)
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are occupational diseases covered by wc?
disease that is proven to be caused by preocular to a trade, not one that the general public could be exposed too
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Are public and private sector ee's covered under the FLSA?
- only public selectors
- - hospitals, schools, colleges, governments employees.
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Private companys who are subject to the requirements of the FLSA include:
- 1. Companies who produce goods for interstate commerce
- 2. Companies that have more than 500,000 in revue
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Can IC recover from WC benefits ?
No
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