Law Commons^™

Workmen's Compensation For Radiation Injuries In Tennessee, E. Blythe Stason

Vanderbilt Law Review

We lay to one side, so far as this article is concerned, the impact of the atom on general tort liability in Tennessee. Such important aspects of the total subject as strict liability, nuisance actions, third-party liability, and joint and several liability we reserve for another occasion. Hopefully radiation will be so well regulated that the injuries to outsiders will be few and far between. We also lay to one side possible injuries in Tennessee resulting from the extensive operations of the federal government in the nuclear field. Such injuries receive special handling either by federal agencies (e.g.,the Bureau of …

Some Recent Developments In The Substantive Law Of Workmen's Compensation, Wex S. Malone

Vanderbilt Law Review

After setting out the factors which make for change in the compensation structure, the author goes on to discuss three problem areas in which that change is clearly visible: distinguishing between employees and independent contractors, determining tho rights of a borrowed employee, and deciding whether an accident arose out of the employment. He concludes that the law of workmen's compensation is developing in consonance with the social philosophy which underlies it.

Agency -- 1961 Tennessee Survey (Ii), W. Harold Bigham

Vanderbilt Law Review

I. Employee and Independent Contractor Distinguished

During the abbreviated survey period there were no significant or momentous decisions by Tennessee courts--state or federal--involving agency principles. Indeed the only state appellate case properly to be considered here involved the rather pedestrian question of whether a petitioner for workmen's compensation benefits was, vis-a-vis the defendant prime contractor, an employee or an independent contractor.

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II. Misrepresentations of Agent

Butts v. Colonial Refrigerated Transportation, Inc. is merely another example of the Sixth Circuit's unfortunate proclivity for writing per curiam affirmances. It is well-nigh impossible to determine whether the liability of the defendant which …

Workmen's Compensation -- 1961 Tennessee Survey, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Two bills amending the Workmen's Compensation Law' were enacted during the survey year. The first placed a limit of $12,500 on compensation payable for any permanent partial injury, not limited to those set forth in the schedule. It also added the following self-explanatory sentence to the first paragraph of section 50-1027, Tennessee Code Annotated: To receive benefits from the Second Injury Fund, the injured employee must be the employee of an employer who has properly insured his workmen's compensation liability or has qualified to operate under the Tennessee Workmen's Compensation Law as a self-insurer. The second amendment changed the definition …

Remaining Tort Liability Of Employers And Third Parties Under Workmen's Compensation Statutes, Ben F. Loeb, Jr.

Vanderbilt Law Review

Workmen's compensation is a mechanism designed to provide cash benefits to employees to recompense for loss of wages due to injuries sustained in work-connected activities. Theoretically, the cost of the program is charged to the consumer by increasing the price of goods and services sold to the public. An employee, covered by a compensation act, is entitled to payments if he is injured by an accident arising out of and in the course of his employment; and the fact that such employee was at fault or guilty of negligence himself is normally of no consequence.

Compensation benefits, in contrast to …

Restitution -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The title, Restitution, is a comparatively new one. Over a period of many years there grew up separately a number of distinct legal and equitable remedies--quasi-contract, constructive trust, equitable lien, reformation, rescission and others. Only recently has it been perceived that a pervading general principle underlies all of these remedies--the principle that "a person who has been unjustly enriched at the expense of another is required to make restitution to the other." Now that these several types of relief are being classed together it is more generally realized that their composite whole involves a very broad field of the law. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

A Commentary on Recent Case Law --By Subject:

Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy

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Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes

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Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay

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Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege

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Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction

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Income Taxation--Deductions--Periodic Alimony Payments

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Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction

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Torts--Dog Bite--Owner's Scienter

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Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease