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The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson
The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson
Michigan Law Review
It is one of the great tragedies of the workmen's compensation story that almost all courts, in their perfectly justifiable search for a legal barrier that would keep compensation heart liability from getting out of hand, have seized upon the wrong component in the coverage formula. The words "by accident" or their equivalent were pressed into service for this task, ·and they have proved to be a most ill-fitting tool for this function. If the courts had followed the more logical course of testing these cases by the causal principle prescribed by the words "arising out of the employment," there …
Workmen's Compensation-Injury In Fight As Arising Out Of And In The Course Of The Employment, Philip G. Meengs
Workmen's Compensation-Injury In Fight As Arising Out Of And In The Course Of The Employment, Philip G. Meengs
Michigan Law Review
Deceased was employed by defendant as an engineer and, while waiting to relieve the engineer then on duty, began to quarrel with him as to the manner in which a subordinate was doing his work. Words led to blows, and after a short fight, deceased collapsed and died of emotional trauma of the heart. There were no other witnesses, but the survivor claimed deceased struck the first blow. From an award given by the Workmen's Compensation Board, defendant and its insurer appealed. Held, affirmed. The death arose "out of and in the course of the employment." Commissioner of Taxation …
Workmen's Compensation--"Arising Out Of Employment"--Death Resulting From Voluntarily Arranged Fight, John F. O'Connor S.Ed.
Workmen's Compensation--"Arising Out Of Employment"--Death Resulting From Voluntarily Arranged Fight, John F. O'Connor S.Ed.
Michigan Law Review
On the first day of his employment as a messenger boy, in the course of being instructed in his duties and shown over his route, the deceased met a fellow employee with whom he voluntarily arranged a fight. There was evidence that the fight was induced by the fellow employee's braggadocio as to his pugilistic ability which culminated in a challenge to the deceased. The encounter took place on a public street. The deceased sustained injuries therefrom which aggravated an existing infirmity and caused his death. From an award of death benefits by the Workmen's Compensation Board, the employer appealed. …
Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris
Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris
Michigan Law Review
Claimant suffered a coronary occlusion and as a result was totally disabled, being unable to speak coherently or to understand what was said to him. The State Industrial Board found that the claimant's total disability was the result of accidental injuries which arose out of and in the course of his employment. An award was made. The claimant was incapable of giving testimony and no witness was produced who saw the accident. The referee who heard the claim admitted hearsay testimony to the effect that claimant complained of a heartburn to fellow employees after having lifted and emptied a boiler …
Admiralty-Jurisdiction-Workmen's Compensation
Admiralty-Jurisdiction-Workmen's Compensation
Michigan Law Review
The question of what remedies should be available to maritime workers for injuries in the course of their employment has received much attention from the courts during the last fifteen years. This has resulted in some conflicts of the federal maritime jurisdiction with the jurisdiction of the states, and particularly' with the workmen's compensation acts enacted by them. The history of this situation was reviewed in 27 MICH. L. Rev. 191, December, 1928, in a note by G [errit] D [emmink]. In view of three decisions rendered last spring by the United States Supreme Court, it has seemed well to …
Master And Servant-Tests Of Independent Contract
Master And Servant-Tests Of Independent Contract
Michigan Law Review
The claimant was employed by a dairy company to sell and deliver milk along a defined route, his "payment being in the form of a commission on each bottle sold. He was required to make daily payments in cash for milk and cream sold, but had the privilege of returning unsold milk or cream at the end of each day. Horses and vehicles were hired from the company at a stated price per day. Claimant was injured by a fall from his wagon while making deliveries. The State Industrial Board held him to be a servant and awarded him workmen's …