Torts Ii--No Fault Systems

Front 1

Worker's Comp.--general definition--exceptions

Back 1

compensates employee for any injuries sustained on the job[arising out of scope and in course of employment]w/o regard to fault of wither employee or employer

--EXCEPTION--1. intentional torts--must be accidental
2. Employer knew with substantial certainty that there would be an injury to his employee--> may be removed from workers comp administrative body/court

Front 2

WC--arising out of scope and in course of employment

Back 2

Arising out of Scope factors:
1. seriousness of deviation from scope
2. completeness of deviation--whether was connected to work-related duty or complete abandonment of duty

3. extent to which activity had become accepted part of employment

4. extent to which nature of employment may allow "horseplay"

In the course of employment:

period of time the employee is at work while fulfilling work-related duties/obligations

Front 3

WC--Going and Coming Rule--

Back 3

Typically, traveling to and from work is not covered by worker's comp.

Front 4

WC--Going and Coming Rule--Parking Lot Exception

Back 4

If lot is controlled by by the employer, then they will pay

Assault in parking lot--∆ will pay if knew or should have known of risk

Where an employee is injured in a lot where ∆ encourages them to park--likely ∆ will pay

Front 5

WC--Special Hazards Rule--Three Part Test

Back 5

e.g. π slips on ice outside place of work
1. Causal Connection b/t work and injury
2. Hazard bust be distinctive/greater than risk to common public
3. Employee must be using normal[reasonable] or usual route to work--argue both sides

Front 6

WC--Acts of God--Tests

Back 6

Generally not covered
--Actual Risk Test--material risks are greater at work than they are to general public

Positional Risk Test--your job puts you in a greater position of getting hurt by act of God

Front 7

Automobile No Fault Insurance

Back 7

Regulated by Statute--Insurance companies must pay

Front 8

9/11 Fund

Back 8

π had choice to be compensated under statute or "opt out"