Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Injury (10)
- Liability (9)
- Negligence (9)
- Injuries (6)
- New York (6)
-
- Jones Act (4)
- Michigan (4)
- Death (3)
- Disability (3)
- Recovery (3)
- Seamen (3)
- Working hours (3)
- Workmen's Compensation Act (3)
- Accident (2)
- Attorney fee (2)
- Cause of action (2)
- City employees (2)
- Compensable injury (2)
- Compensation (2)
- Contributory negligence (2)
- Course of employment (2)
- Damages (2)
- Employers (2)
- Equity (2)
- Federal Employers' Liability Act (2)
- Injunction (2)
- Jury (2)
- Longshoremen's and Harbor Workers' Compensation Act (2)
- Maritime law (2)
- Occupational disease (2)
Articles 1 - 30 of 76
Full-Text Articles in Law
Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani
Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani
Michigan Law Review
A Review of Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era. by Nate Holdren.
Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review
Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review
Michigan Law Review
Employment of the handicapped is clearly a proper concern of the state. Unemployed, such a person is a burden on his family and on the state; welfare and relief payments to such a person needlessly increase costs to both the state and local governments supporting such programs. Employed, the handicapped person is a self-supporting, stable member of the community; he becomes a taxpayer rather than a tax consumer. There are also important moral and social considerations which may be simply summarized stating that no person who is able to work should be needlessly denied employment. In short, any continued waste …
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 …
The Longshoremen's And Harbor Workers' Compensation Act Of 1927: Half-Way Protection For The Stevedore And The Longshoreman, Robert E. Gilbert
The Longshoremen's And Harbor Workers' Compensation Act Of 1927: Half-Way Protection For The Stevedore And The Longshoreman, Robert E. Gilbert
Michigan Law Review
The law relating to longshoremen's remedies abounds with surprising anomalies, hyper-technical distinctions, and bits and pieces of judicial legislation. This situation stems largely from deficiencies in the Longshoremen's and Harbor Workers' Compensation Act of 1927, an inherently inadequate statute greatly distorted by recent judicial interpretation. This Comment undertakes an examination of the act's most salient shortcomings with a view to suggesting possible guidelines for what is believed to be necessary corrective legislation.
Unemployment Compensation For Employees On Required Vacation Without Pay, Michigan Law Review
Unemployment Compensation For Employees On Required Vacation Without Pay, Michigan Law Review
Michigan Law Review
The Social Security Act of 1935 created a federal-state system of unemployment compensation which permits the states to establish their mvn standards of qualification for unemployment benefits. All states have enacted statutes pursuant to this system and have established three basic conditions which a claimant must meet before he is entitled to benefits. First, he must be unemployed. Second, he must remain able to work and available for work. Third, he must be free from disqualification for such acts as voluntarily leaving work without good cause attributable to the employer or employing unit, discharge for conduct connected with the work, …
Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan
Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan
Michigan Law Review
The increasing use of radioactive materials and radiation-producing devices in industry and elsewhere makes it clear that injuries from exposure to radiation must be anticipated. It becomes relevant, therefore, to inquire into the extent to which the present workmen's compensation statutes will be able to cope with the injuries which may arise from the use of this new source of energy.
Advocating The Rights Of The Injured, Benjamin Marcus
Advocating The Rights Of The Injured, Benjamin Marcus
Michigan Law Review
When workmen's compensation was first introduced a half century ago, it was felt necessary to cushion the shock in a number of ways. One of these was the idea of a bargain, an exchange, in which the worker, to obtain the new remedy based on liability without fault, gave up his existing remedy, the right to a tort action against his employer for a negligent injury. It is time that the terms of that bargain be re-examined.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Michigan Law Review
It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …
Workermen's Compensation-Third-Party Actions-Employer's Recovery On An Implied Warranty, Philip Sotiroff
Workermen's Compensation-Third-Party Actions-Employer's Recovery On An Implied Warranty, Philip Sotiroff
Michigan Law Review
Plaintiff seeks to recover the amount of a workmen's compensation award paid to his employee as a result of injuries received when an exhaust valve malfunctioned causing a press which the employee was operating to double-trip. Defendant, an independent parts supplier who had sold plaintiff the valve, moved to dismiss the complaint because of insufficiency of evidence to sustain the verdict and plaintiff's legal incapacity to sue. On appeal from an order denying the motion to dismiss, held, affirmed, one judge dissenting. Plaintiff has two independent causes of action, one against the manufacturer on an assigned negligence theory, and …
Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep
Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep
Michigan Law Review
The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …
Unemployment Compensation - Labor Dispute Disqualification - Workers Unemployed By A Mult-Employer Lockout, James B. Blanchard S.Ed.
Unemployment Compensation - Labor Dispute Disqualification - Workers Unemployed By A Mult-Employer Lockout, James B. Blanchard S.Ed.
Michigan Law Review
Two unions of restaurant employees voted to strike the local restaurant industry in order to obtain a more favorable master contract with a restaurant owners' association. The unions executed this program by strategically calling strikes on only a few key restaurants. The association retaliated by notifying its members to lay off their employees in accordance with its previously announced policy to consider a called strike against one member a called strike against all members. The California Unemployment Insurance Appeals Board held that the union employees laid off in response to the association's notice were "voluntarily'' out of work and therefore …
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 …
Administrative Law - Workmen's Compensation Proceedings - Use Of Lay Representatives, Stanley A. Williams S.Ed.
Administrative Law - Workmen's Compensation Proceedings - Use Of Lay Representatives, Stanley A. Williams S.Ed.
Michigan Law Review
The West Virginia Bar Association sued to enjoin the defendant, a layman, from representing claimants before the State Compensation Commission. Lay representation was authorized by the commission under its power to make rules of procedure. The injunction was granted by the circuit court. On appeal, held, affirmed. Neither the legislature nor the commission can authorize a layman to represent claimants before an administrative agency, since this would encroach upon the judiciary's inherent power to control the practice of law. West Virginia State Bar v. Earley, (W. Va. 1959) 109 S.E. (2d) 420.
Workmen's Compensation - Occupational Diseases - Radiation Injury Amendment, Vance A. Fisher S.Ed.
Workmen's Compensation - Occupational Diseases - Radiation Injury Amendment, Vance A. Fisher S.Ed.
Michigan Law Review
The Kansas Workmen's Compensation Act has recently been amended to take more complete account of the complex nature of injuries which might arise through the increased use of radioactive materials and ionizing radiation. The effect of the amendment is twofold. First, it makes more inclusive the definition of radiation injury as an occupational disease by treating "exposure to ionizing radiation" as a cause of compensable injury. Second, it removes all time limitation periods with regard to the giving of notice and the filing of claims and extends the general limitation period from one year from the date of disablement or …
Admiralty- "Twilight Zone" In Workmen's Compensation - Pursuit Of State Common Law Action Against Employer, James S. Leigh
Admiralty- "Twilight Zone" In Workmen's Compensation - Pursuit Of State Common Law Action Against Employer, James S. Leigh
Michigan Law Review
Petitioner was injured on his employer's barge moored in navigable waters while assisting in a loading operation. The employer was insured solely under the Federal Longshoremen's and Harbor Workers' Act. Instead of pursuing the remedy available under the federal act, petitioner brought the common law action authorized by state workmen's compensation legislation in the state courts. The Oregon Supreme Court affirmed judgment for the employer on the ground that the injury was covered exclusively by the federal act. On certiorari to the United States Supreme Court, held, reversed per curiam, two justices dissenting. The injury was incurred within the …
Admiralty - Death On The High Seas Act - Effect On Workmen's Compensation Recoveries, Thomas E. Kauper S.Ed.
Admiralty - Death On The High Seas Act - Effect On Workmen's Compensation Recoveries, Thomas E. Kauper S.Ed.
Michigan Law Review
Decedent, aboard an airliner in his capacity as flight service supervisor, was killed when the plane crashed into the Pacific. Respondent airlines, decedent's employer, filed an application with the California Industrial Accident Commission to determine its liability under the California Workmen's Compensation Act. The commission awarded decedent's widow a death benefit despite the widow's objection to the commission's jurisdiction. Prior to the award the widow as administratrix of decedent's estate initiated this action under the Death on the High Seas Act (DHSA) in admiralty. On motion for summary judgment in respondent's favor, held, motion granted. DHSA is applicable to …
Admiralty - Warranty Of Seaworthiness - Longshoreman's Choice Of Remedies, Richard E. Young
Admiralty - Warranty Of Seaworthiness - Longshoreman's Choice Of Remedies, Richard E. Young
Michigan Law Review
Plaintiff, employee of a stevedoring company hired to unload defendant's ship, was injured while operating a defective chisel truck in the ship's hold. The truck belonged to and was operated, maintained and brought aboard by the stevedoring company, the ship having no similar equipment. Furthermore, the stevedoring company was assumed to be aware of the defect prior to the accident. Plaintiff brought suit for damages against the shipowner alleging unseaworthiness, and the shipowner impleaded the stevedoring company as a third-party defendant. On motion by the defendants for summary judgment, held, motion denied. The shipowner is liable on an absolute …
The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park
The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park
Michigan Law Review
It is the purpose of this comment to attempt to determine and evaluate just what the court's role has been. Attention will be directed to selected areas of non-statutory and statutory law, with specific emphasis placed upon the areas of contributory negligence and workmen's compensation.
Workmen's Compensation - Recreation Injury, David Shute S.Ed.
Workmen's Compensation - Recreation Injury, David Shute S.Ed.
Michigan Law Review
Decedent was employed by an automobile dealer as assistant manager of the service department. The dealer's custom was to hold a monthly business meeting of the staff of major departments after working hours and without extra compensation. One such meeting was scheduled to be held at a city hotel. At the suggestion of an employee that it would be more pleasant to hold the meeting at a nearby lake, the employer changed the meeting place to a summer cottage owned by him. It was understood by those attending that there would be an opportunity for swimming and boating. Decedent was …
Workmen's Compensation - Benefits - Exclusiveness Of Schedule Provision, Mark Shaevsky
Workmen's Compensation - Benefits - Exclusiveness Of Schedule Provision, Mark Shaevsky
Michigan Law Review
Plaintiff received benefits under the schedule provisions of the Michigan workmen's compensation statute for amputation of four fingers and one leg. Upon the expiration of payments the hearing officer awarded additional recovery for plaintiff's total disability resulting from the amputation. After subtracting compensation received for the specified losses, the appeal board affirmed. On appeal to the supreme court, held, affirmed by an equally divided court. The legislature intended the schedule provisions to be irreducible minimum awards, not exclusive compensation. Curtis v. Hayes Wheel Co., which construed schedule allowances as barring further recovery for total and permanent disability, is …
Workmen's Compensation - Compensability Of Injuries Resulting From Physical Examinations, Michael M. Lyons
Workmen's Compensation - Compensability Of Injuries Resulting From Physical Examinations, Michael M. Lyons
Michigan Law Review
Plaintiff, a dairy worker, suffered an infection in her left arm as a result of submitting to a Wassermann test as ordered by her employer. The county board of health required dairy workers to take the test as a condition of their employment and the order was issued in pursuance thereof. Plaintiff filed a claim for compensation under the state Workmen's Compensation Act which was rejected by her employer but sustained upon a hearing before the state commission. Defendant's exceptions were overruled on appeal to the superior court. On appeal to the supreme court, held, reversed. The injury did …
Workmen's Compensation - Federal Employers' Liability Act - Basis Of Liability Not Common Law Negligence, Robert L. Knauss S.Ed.
Workmen's Compensation - Federal Employers' Liability Act - Basis Of Liability Not Common Law Negligence, Robert L. Knauss S.Ed.
Michigan Law Review
Petitioner, a laborer in a railroad section gang, was assigned to burn weeds near a railroad track. He was injured when he fell into a culvert as he was trying to escape from smoke and flames which had been fanned by a passing train. A jury in the Circuit Court of St. Louis awarded damages under the Federal Employers' Liability Act (FELA). The Supreme Court of Missouri reversed upon the ground that the evidence was not sufficient to support a finding of the railroad's liability, and the case should not have been allowed to go to a jury. On certiorari …
Workmen's Compensation - Federal Employers' Liability Act - Coverage Under 1939 Amendment, Robert J. Hoerner
Workmen's Compensation - Federal Employers' Liability Act - Coverage Under 1939 Amendment, Robert J. Hoerner
Michigan Law Review
In 1956 the Supreme Court handed down two decisions interpreting the 1939 Amendment to the Federal Employers' Liability Act which substantially extended the act's coverage. The purpose of this short comment is to examine this extension and its impact on the perennial controversy between advocates of the FELA on the one hand and workmen's compensation on the other.
Admiralty - Jones Act - Applicability To Dredge Employees As Seaman, Ross Kipka
Admiralty - Jones Act - Applicability To Dredge Employees As Seaman, Ross Kipka
Michigan Law Review
Petitioner, a laborer, was employed by respondent on a canal digging project. His duties were those of a handyman on respondent's dredge, which was temporarily attached to shore, and his work consisted of carrying supplies from shore to the dredge, cleaning the dredge, and doing errands ashore. The employee was not a member of a maritime union, but was a member of a laborers' union. He lived at home, worked on an eight hour shift, and brought his meals to his place of employment. He was not subject to the supervision of the officer of the dredge but received his …
Workmen's Compensation - Requirement Of Causal Connection Between Employment And Injury, Thomas S. Erickson S.Ed.
Workmen's Compensation - Requirement Of Causal Connection Between Employment And Injury, Thomas S. Erickson S.Ed.
Michigan Law Review
Plaintiff-employee was compensated for injuries received when she slipped on a patch of ice and fell on defendant-employer's premises while going from her work to eat lunch in defendant's cafeteria. On appeal, held, reversed. At the time of the injury plaintiff was not rendering any service to her employer. There was no causal connection between employment and injury, and the injury did not arise out of and in the course of her employment as required by statute. Mack v. Reo Motors, Inc., 345 Mich. 268, 76 N.W. (2d) 35 (1956).
Labor Law - Lmra - Deduction Of Workmen's Compensation From Employer's Back Pay Liability, John A. Beach
Labor Law - Lmra - Deduction Of Workmen's Compensation From Employer's Back Pay Liability, John A. Beach
Michigan Law Review
The National Labor Relations Board found that the Moss Planing Mill Company had committed an unfair labor practice in discharging an employee for his union activities. The company's secretary-treasurer also had battered the employee, inflicting injury, at the time of the discharge. Pursuant to section 10 (c) of the amended National Labor Relations Act, the Board ordered the company to reinstate the employee and make him whole for back pay lost due to the unfair discharge. The order was enforced by the court of appeals. In a supplemental order specifying the amount of back pay to be awarded, the Board …
Conflict Of Laws - Full Faith And Credit - Exclusive-Remedy Provision Of Foreign Workmen's Compensation Law, Morton A. Polster S.Ed.
Conflict Of Laws - Full Faith And Credit - Exclusive-Remedy Provision Of Foreign Workmen's Compensation Law, Morton A. Polster S.Ed.
Michigan Law Review
Plaintiff, a resident of Missouri, entered into an employment contract there with a Missouri painting company. He was injured while working in Arkansas on a job his employer had subcontracted from the defendant, a Louisiana contractor. The Missouri employer's insurer voluntarily began weekly payments to the plaintiff pursuant to the Missouri workmen's compensation law, although there had been no formal proceeding or award. Payments under the Missouri act were exclusive of all other rights and remedies. After receiving thirty-four payments, the plaintiff sued the defendant for negligence in the Arkansas courts. The defendant had the case removed to the federal …
Workmen's Compensation - Injury Suffered During Coffee Break As Arising Out Of And In The Course Of Employment, Hazen V. Hatch S.Ed.
Workmen's Compensation - Injury Suffered During Coffee Break As Arising Out Of And In The Course Of Employment, Hazen V. Hatch S.Ed.
Michigan Law Review
Plaintiff was employed by defendant laundry company as a mangle operator. A collective bargaining agreement between the defendant and the union representing its employees provided for two paid ten minute rest periods during the work day. Plaintiff left the defendant's premises during such a rest period and went to a nearby restaurant. On her return she slipped on ice on defendant's front step and was injured." The Department of Labor and Industry found the injury compensable under the Michigan Workmen's Compensation Act. On appeal, held, reversed, two justices dissenting. The place of the injury is not determinative of eligibility …
Workmen's Compensation - Traumatic Neurosis Without Physical Injury, Irving L. Halpern
Workmen's Compensation - Traumatic Neurosis Without Physical Injury, Irving L. Halpern
Michigan Law Review
Appellee and his co-worker attempted to lower a suspended scaffold on which they were standing, whereupon the scaffold gave way and the coworker fell to his death. Appellee suffered only slight bruises on his leg, but as a result of seeing his fellow employee fall to his death, he sustained severe fright and shock which resulted in a traumatic neurosis preventing him from engaging in the normal duties of his occupation. The lower court awarded appellee judgment for permanent partial disability under the Texas Workmen's Compensation Law. On appeal, held, reversed. Appellee's condition was a mental disease and compensable …
Workmen's Compensation - Injury "Arising Out Of" The Employment - Increased Risk As An Exception To Common Hazard Rule, Howard M. Downs
Workmen's Compensation - Injury "Arising Out Of" The Employment - Increased Risk As An Exception To Common Hazard Rule, Howard M. Downs
Michigan Law Review
Lightning killed an employee as he was carrying a shovel with a metal scoop over his shoulder while in the course of his employment. Expert testimony indicated that the risk from lightning was increased from a radius of twelve feet for a man six feet tall to a radius of fourteen feet for a man of the same height carrying a shovel. The Michigan Workmen's Compensation Commission granted an award. On appeal, held, reversed. Assuming that the employee was in greater danger by carrying the shovel, there also must be proof that this increased degree of risk caused the …