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Full-Text Articles in Law
Workmen's Compensation - Proceedings To Secure Compensation - Allowance Of Attorney's Fees To Claimants Unsuccessful On Appeal, Clayton R. Smalley
Workmen's Compensation - Proceedings To Secure Compensation - Allowance Of Attorney's Fees To Claimants Unsuccessful On Appeal, Clayton R. Smalley
Michigan Law Review
Employee claimed total permanent disability as a result of an industrial accident, but was awarded compensation for only a twenty percent permanent disability. Claimant was denied certiorari by the Florida District Court of Appeals. However, claimant's request for an allowance of reasonable attorney's fees for the unsuccessful appeal was granted. Claimant's employer was then granted certiorari on its contention that the Florida workmen's compensation statute and a past Florida Supreme Court decision had established that attorney's fees would be allowed only when the claimant's appeal was successful. On certiorari, held, award of attorney's fees affirmed. The statute allows an …
Workmen's Compensation-Previous Impaired Condition As Affecting Basis Of Compensation-Special Fund, Eugene F. Lattin
Workmen's Compensation-Previous Impaired Condition As Affecting Basis Of Compensation-Special Fund, Eugene F. Lattin
Michigan Law Review
Claimant suffered accidental injury to his left hand, for which he received compensation. Later he sustained additional injuries to head, ears, left and right hands, and thereby became totally disabled. The State Industrial Commission found that claimant was 75 per cent disabled by reason of the later injury alone. Held, under Oklahoma Workmen's Compensation Law, employer is liable for the degree of disability which would have resulted had there been no previous injury. The Special Indemnity Fund is liable for payment of the balance of the total disability. Special Indemnity Fund v. Wood, 195 Okla. 357, 157 P. …
Malpractice Actions And Compensation Acts, Paul A. Leidy
Malpractice Actions And Compensation Acts, Paul A. Leidy
Michigan Law Review
S, an employee, is injured as the result of the negligence of his employer, M; S is taken for treatment to the office of X, a competent physician or surgeon selected by S or by M; on this particular occasion X is negligent and as a result of X's negligence S's two weeks' injury is aggravated and the period of disability becomes one of two months' duration. At common law, inasmuch as the original injury was one for which M was legally responsible, S could recover from M for the entire disability-that resulting directly from the original negligence of M …