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Workers Compensation

Workers Compensation Author Peter M. Lencsis
ISBN-10 1567201741
Release 1998
Pages 173
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A concise, easily-accessed reference and guide to all of the major aspects of state and federal workers compensation laws and their related insurance and risk management techniques.



Workers Compensation Practice for Paralegals

Workers  Compensation Practice for Paralegals Author Lynne J. DeVenny
ISBN-10 1594602646
Release 2008-01-01
Pages 249
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Workers' Compensation Practice for Paralegals is a textbook and practice guide for paralegals and other legal professionals who work in the area of workers' compensation law. The book addresses practical tasks associated with the law office management of workers' compensation cases, including an overview of workers' compensation law, determining compensable claims, evaluating and accepting cases, reviewing and summarizing medical records, investigating claims, obtaining evidence, drafting pleadings and preparing for mediations and hearings. More complex tasks, such as handling catastrophic injuries and death claims, Medicare Set-Aside Arrangements, third party claims and bankrupt defendants, are also discussed. Each chapter includes practice tips to help paralegals become proficient in the practice of workers' compensation law, as well as references to find the most up-to-date information regarding various aspects of workers' compensation practice. Sample documents are included to illustrate the kinds of documents paralegals may draft in a typical private law practice. Workers' Compensation Practice for Paralegals is unique because it is written specifically for paralegals by an attorney/paralegal team with a combination of over thirty years of practice in workers' compensation law. In addition, both authors have experience teaching law students and paralegals in college settings. Recognizing that there are excellent state-specific workers' compensation reference books for workers' compensation practitioners, this book is intended to guide and train paralegal students, paralegals and other legal professionals new to the practice of workers' compensation law. Straightforward and easy to read, it provides its readers with an overview of the essential skills necessary to perform substantive work on any workers' compensation case, as well as the tools to find the information they need to make a significant contribution to a workers' compensation practice, whether it be their own state-specific rules and forms, Medicare's current WCMSA requirements or medical references."



The Insurance Professional s Practical Guide to Workers Compensation

The Insurance Professional s Practical Guide to Workers  Compensation Author Chris Boggs
ISBN-10 9780578020969
Release 2013-09
Pages 224
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This is not your ordinary workers' compensation book. Workers' compensation coverage is relatively easy to understand. It's the legal, procedural and contractual issues surrounding workers' compensation that are complicated. In "The Insurance Professional's Practical Guide to Workers' Compensation," Boggs addresses in clear, jargon-free English many of the concepts, policies and practices in workers compensation that brokers, risk advisors, and corporate risk managers need to know. The chapters, such as on which injuries and which workers are covered, free the reader from having to wade through dense legal and regulatory treatises. Boggs explains to non-lawyers legal aspects of workers compensation. If you need to use the book as little as one time a year, get it, because you'll probably need it much more often.



Worker s Compensation

Worker s Compensation Author Ed Priz
ISBN-10 9781439270592
Release 2010-01-04
Pages 364
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The Field Guide for Employers explains in detail how Workers Compensation insurance is priced and audited, and how employers can protect themselves from common overcharges made by insurance companies. Everything business people need to know about Workers Compensation insurance, but were afraid to ask (or didn't know who to ask).



Strategies in Workers Compensation

Strategies in Workers  Compensation Author Richard E. Sall
ISBN-10 9781461626848
Release 2004-05-12
Pages 192
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Strategies in Workers' Compensation, written with the healthcare medical professional in mind, describes the nuts and bolts of workers compensation. The book details the history, laws, various stakeholders, costs, and problems encountered by healthcare providers.



The Lawyer s Guide to the AMA Guides and California Workers Compensation 2017 Edition

The Lawyer s Guide to the AMA Guides and California Workers  Compensation  2017 Edition Author Robert G. Rassp
ISBN-10 9781522122227
Release 2017-01-13
Pages
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Senate Bill 863 (SB 863) and Senate Bill 899 (SB 899) have taken the California workers' compensation industry by storm, revolutionizing the way permanent disability is determined along with changes in apportionment of disability. Now that the AMA Guides to the Evaluation of Permanent Impairment is the gold standard as the first step to determine permanent disability in California, the claims, legal, and judicial participants in the workers' compensation system need their own guidance on the use of the AMA Guides in these cases. The Lawyer's Guide to the AMA Guides and California Workers' Compensation, by Robert G. Rassp, is the only practical guide to help you calculate and understand permanent disability ratings under SB 899 and the AMA Guides Workers' compensation claims involving the AMA Guides will emerge that hinge on the proper use, misuse, or under-use of the Guides and on the causation of permanent disability under the apportionment statutes and developing case law. The Lawyer's Guide to the AMA Guides and California Workers' Compensation will assist you in the proper use of the AMA Guides and thus enable you to determine whether a medical report constitutes substantial evidence. In addition, there are some observations about the AMA Guides that are intended to assist you in learning and understanding them and to help you formulate questions to doctors about them. The Lawyer's Guide to the AMA Guides and California Workers' Compensation is organized as follows: • Chapter 1 contains definitions of common terms and a list of acronyms along with explanatory material, as well as a list of common medical conditions by AMA Guides chapter. • Chapter 2 covers the effects of SB 899 and SB 863 reform legislation and the application of the AMA Guides to California workers' compensation cases. This chapter teaches you how to do a rating string under the 2005 PDRS and 2013 PDRS. • Chapter 3 is a chapter-by-chapter analysis of the AMA Guides and includes detailed references to the tables and figures in the Guides, a listing of FEC adjustments for each chapter of the Guides, and instructions for how to reach a pie chart for upper extremity impairments. • Chapter 4 contains examples of AMA compliant and non-AMA compliant medical reports. • Chapter 5 contains analysis and discussion of developing the record to establish accurate ratings under the AMA Guides. • Chapter 6 contains the SB 863 Checklist & Reference Guide, along with examples of how to determine permanent disability ratings using the AMA Guides and the 2005 and 2013 Permanent Disability Rating Schedules. • Chapter 7 contains summaries of cases and WCAB panel decisions relating to the AMA Guides, the 2005 PDRS, and apportionment, along with expert commentary. • Chapter 8 provides a framework for discovery in cases that involve the AMA Guides and covers medical-legal issues related to rebutting a strict impairment rating under the AMA Guides 5th edition. • Chapter 9 provides medical information every lawyer and judge should know about specific parts and regions of the body we commonly see in our cases. • Chapter 10 provides a detailed discussion of psychiatric injuries—how they are now diagnosed under the DSM-5, how and when they can be rated for permanent impairment, possible alternative rating methods not using the GAF scale, and apportionment issues. • Appendix A contains the 2005 PDRS, which is reprinted in full for your convenience. • Appendix C contains permanent disability money charts. • Detailed Index to help you quickly find what you need.



North Carolina Workers Compensation Law

North Carolina Workers  Compensation Law Author Valerie A. Johnson
ISBN-10 1630448419
Release 2014
Pages
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North Carolina Workers' Compensation Law: A Practical Guide to Success at Every Stage of a Claim is a must have reference guide for all North Carolina workers' compensation practitioners. This publication addresses the latest changes to the North Carolina Workers' Compensation Act and guides practitioners through all stages of a workers' compensation claim. This workers' compensation manual does not merely recite the statute and case law--it provides in-depth analysis of legal issues and offers practical advice from experienced North Carolina workers' compensation practitioners on a wide range of topics including litigating injury by accident and occupational disease cases, fighting obstacles to appropriate medical compensation, handling death claims and third party actions, defining and proving disability, calculating average weekly wage, and much more. The Executive Secretary, Deputy Commissioners, a Commissioner, and a Court of Appeals Judge also offer their practical tips for successfully litigating a North Carolina workers' compensation claim at every stage, including advice for filing motions with the Office of the Executive Secretary, representing clients in Form 23 and Form 24 proceedings, filing Expedited Medical Motions, litigating a case at the Deputy Commissioner Level, handling an appeal at the Full Commission level, and handling an appeal at the appellate court level. Lastly, this manual includes fingertip access to more than 10 Industrial Commission Forms and 24 sample motions and orders. This publication is edited by Gina E. Cammarano of Farah & Cammarano, P.A. and Valerie A. Johnson of Copeley Johnson & Groninger, PLLC, both of whom are North Carolina State Bar board certified workers' compensation specialists. The eBook versions of this title feature links to Lexis Advance for further legal research options.



Texas Workers Compensation Handbook

Texas Workers  Compensation Handbook Author Joe R. Anderson
ISBN-10 9781522142867
Release 2017-12-22
Pages
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​Attorneys, claim adjusters, physicians, self-insured employers and vocational rehabilitation workers will all find Texas Workers’ Compensation Handbook a valuable tool for understanding the Texas workers’ compensation system. Reviewed and organized by leading experts, Joe R. Anderson, Albert Betts, Jr. and Stuart D. Colburn, Texas Workers’ Compensation Handbook brings clarity to this complex area of law by providing: Detailed analysis All relevant statutes and regulations Excellent recap of recent court decisions and DWC noteworthy decisions Comprehensive description of current practice and procedure Tables, charts, and reference directory Detailed index Extensive cross-references to Larson’s Workers’ Compensation, Desk Edition.



Workers Compensation Law Cases Materials and Text

Workers  Compensation Law  Cases  Materials  and Text Author Lex K. Larson
ISBN-10 9780327194187
Release 2013-10-16
Pages
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The Fifth Edition of Workers' Compensation Law is a blend of conventional casebook style and concise text. The basic concepts of workers' compensation - including course of employment, arising out of employment, injury by accident, employee status - are covered in the more traditional fashion, with case excerpts provided for students to learn these concepts. The Fifth Edition of Workers' Compensation Law preserves the essential and thorough treatment of these basic aspects while adding or expanding material on current topical issues, such as: • Recovery of benefits by undocumented workers; • Compensability of claims related to terrorist attacks; • Psychological stress claims; • Carpal Tunnel Syndrome and other repetitive-motion injuries; • Interplay of Workers' Compensation with the Americans with Disabilities Act; • Choice of medical provider; • Special problems of working at home; • Use of mediation and other alternative dispute resolution techniques; • Recent developments with Second Injury Funds; and • Exclusivity and the substantial certainty rule.



California Workers Comp

California Workers  Comp Author Christopher Ball
ISBN-10 9781413322705
Release 2016-05-08
Pages 464
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More than a million Californians a year suffer job-related injuries or illness. For many, receiving compensation can be a nightmare, since recent laws give employers and insurance companies far greater rights and employees fewer medical benefits. California Workers' Comp shows how to handle a California workers' compensation claim from start to finish. This plain-English guide, explains how to work with the insurance company to receive the medical treatment and benefits. Workers will find out how to: file a claim protect their legal rights receive the medical care they need get the benefits they're entitled to deal with uncooperative employers, doctors, and insurance agencies negotiate a settlement present their case before a judge This complete guide can help people handling their own claims or filing on a minor or other's behalf. This edition is completely updated to cover significant changes in the area of permanent disability ratings, along with recent updates to the Labor Code and other workers' comp laws. A comprehensive chapter is included for computer users with repetitive strain injuries.



Workers Compensation Subrogation In All 50 States Fifth Edition

Workers  Compensation Subrogation In All 50 States   Fifth Edition Author Gary L. Wickert
ISBN-10 9781578233632
Release 2012-04-01
Pages 1625
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Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?



Florida Workers Compensation Handbook

Florida Workers  Compensation Handbook Author John J. Dubreuil
ISBN-10 082054180X
Release 2001
Pages
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Florida Workers Compensation Handbook has been writing in one form or another for most of life. You can find so many inspiration from Florida Workers Compensation Handbook also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Florida Workers Compensation Handbook book for free.



Safety and Workers Compensation Strategies

Safety and Workers  Compensation Strategies Author Adam Friedlander
ISBN-10 1530449812
Release 2016-05-26
Pages 170
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Discover how several outstanding business leaders leveraged innovative safety and workers' compensation strategies to unleash productivity and profits. By placing people's safety at the center of an organization's culture, with a relentless, laser-like focus, caring leaders will achieve success. The easy-to-read and compelling interviews provide a treasure chest of insights on how to take your organization to the next level. The leaders interviewed in this extraordinary book explain why safety is an underutilized core value and a true competitive advantage. Adam Friedlander, president of Friedlander Group, a successful safety and workers' compensation consulting firm for twenty-five years, carefully selected leaders who share their considerable expertise in a clear and engaging format. This book presents a whole new approach to safety that empowers CEOs, business owners, managers, human resource professionals, insurance and safety advisors and workers' comp claims specialists. The experts interviewed include:Paul O'Neill, the 72nd Secretary of the U.S. Treasury, serving from 2001 to 2002, and chairman of Alcoa from 1987 to 1999Bill O'Rourke, president of Alcoa Russia from 2005 to 2008, senior advisor at Value Capture LLC, and coauthor of The Power of EthicsStephen Newell, partner at ORCHSE Strategies global consulting that services 120 large multinational corporations on safety, health, and environmental matters, and author of the OSHA Blue Book with one million copies soldDavid DePaolo, CEO, president, and editor-in-chief of WorkCompCentral.comBrian J. Connor, partner with the workers' compensation law firm of Weiss, Wexler and Wornow, PCPeggy Crook, vice president of claims and loss control at Federation of Jewish Philanthropies (FOJP) Service Corporation and former director, global claims for Hilton WorldwideJeffrey R. Fenster, vice president of business development and government affairs at AmTrust Financial Services Inc. and, from 2010 to 2014, the executive director of the New York State Workers' Compensation Board Safety and Workers' Compensation Strategies To Unleash Productivity and Profits is rich with proven and time-tested strategies that generate phenomenal results. You may find yourself re-reading this important book to further benefit from the deep insights.



Principles of Workers Compensation Claims

Principles of Workers Compensation Claims Author James J. Markham
ISBN-10 IND:30000026002489
Release 1992
Pages 229
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Principles of Workers Compensation Claims has been writing in one form or another for most of life. You can find so many inspiration from Principles of Workers Compensation Claims also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Principles of Workers Compensation Claims book for free.



The Claim Game

The Claim Game Author Mario S. Pecoraro
ISBN-10 9781491774151
Release 2015-10-08
Pages 150
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Organizations that fail to identify and eliminate fraud are losing hundreds of thousands of dollarsand many dont even know it! Many claims professionals dont have the time or resources to spot the red flags that indicate a fraudulent workers compensation claim, and even if they stumble upon one by chance, they fail to conduct a comprehensive investigation. Mario S. Pecoraro, CEO of Alliance Worldwide Investigative Group, provides proactive strategies that will save you resources, money, and time investigating claims. The twenty best practices he explores will help you: hire the type of employee who wont file a claim in the first place; engage in preventative maintenance throughout the life of a claim; determine who should conduct an investigation when a claim is filed; carry out the investigative process using a variety of tools. Filled with case studies demonstrating where investigations went wrong (and where they went right), youll be equipped to apply best practices and avoid common mistakes. Start saving money, and get the right team in place with The Claim Game.



New York Workers Compensation Handbook 2016 Edition

New York Workers  Compensation Handbook  2016 Edition Author Ronald E. Weiss
ISBN-10 9781522104728
Release 2016-03-30
Pages
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Attorneys, claim adjusters, physicians, self-insured employers and vocational rehabilitation workers will all find this 2016 Edition of New York Workers' Compensation Handbook a valuable tool for understanding New York workers' compensation issues. Written and organized by leading experts, New York Workers' Compensation Handbook brings clarity to this complex area of law by providing: • Detailed analysis • All relevant statutes and regulations • Excellent recap of recent court decisions • Comprehensive description of current practice and procedure • Tables, charts, medical illustrations and reference directory • In-depth index • Extensive cross-references to Larson's Workers' Compensation, Desk Edition The eBook versions of this title feature links to Lexis Advance for further legal research options.



New York Workers Compensation Handbook

New York Workers  Compensation Handbook Author Ronald E. Weiss
ISBN-10 1632820307
Release 2015
Pages
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New York Workers Compensation Handbook has been writing in one form or another for most of life. You can find so many inspiration from New York Workers Compensation Handbook also informative, and entertaining. Click DOWNLOAD or Read Online button to get full New York Workers Compensation Handbook book for free.