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Full-Text Articles in Law

Positional Risk, Forces Of Nature, And Workmen's Compensation, Thomas Parker Hayes Jan 1970

Positional Risk, Forces Of Nature, And Workmen's Compensation, Thomas Parker Hayes

Cleveland State Law Review

The Ohio courts, in their interpretation of the Workmen's Compensation Law, have attempted to establish clear-cut principles of compensability for the working man when his on-the-job injuries are caused by the forces of nature and acts of God. However, the attempts of the courts to establish rules of compensability fail to provide predictability and consistency. The principles proposed are inadequate to cover all the situations that may arise.


Workmen's Compensation And The Scholarship Athlete, Sheldon Elliot Steinbach Jan 1970

Workmen's Compensation And The Scholarship Athlete, Sheldon Elliot Steinbach

Cleveland State Law Review

Workmen's Compensation law is a law of a remedial nature and is liberally construed in all states. In order to avoid the impact of Van Horn and Nemeth, the schools must eliminate any contractual relationship which provides for the rewarding or renewal of scholarship aid only so long as the student plays on the team. If this proviso is eliminated from scholarship awards, the athlete's participation can be characterized under the law as voluntary or merely gratuitous, thereby avoiding the effect of the Workmen's Compensation Act. Should institutions of higher education persist in retaining a contractual employment relationship with their …