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Full-Text Articles in Law
Heart Attack Cases Under The Washington Workmen's Compensation Act, Floyd L. Newland
Heart Attack Cases Under The Washington Workmen's Compensation Act, Floyd L. Newland
Washington Law Review
The recent case of Windust v. Department of Labor and Industries brought an important change in Washington workmen's compensation law with the overruling of a long-standing rule relating to recovery under workmen's compensation for heart failure. The Windust case apparently means there can be recovery for heart failure resulting from strain only when the strain is "unusual." It appears that if the worker is doing only a routine act there can be no recovery. Though the new rule is not definitively articulated at this point, this inquiry will attempt to assess what the Washington Supreme Court has done and indicate …
Jurisdictional Problems Between Washington's Workmen's Compensation Act And Federal Law, John D. Lawson
Jurisdictional Problems Between Washington's Workmen's Compensation Act And Federal Law, John D. Lawson
Washington Law Review
In this comment, the principal concern will be with the conflict between the federal law and the state act in respect to the railway worker and the shoreline worker whose activity takes him upon navigable waters of the United States. It is in these areas that the confusion as to jurisdictional matters becomes the most difficult to resolve. The applicable federal statutes are the Federal Employers' Liability Act covering railroad employees, and the Longshoremen and Harbor Worker's Act covering shoreline employees. The discussion in this paper will be devoted to ascertaining the extent of federal pre-emption and the area left …
Workmen's Compensation, Theordore O. Torve
Workmen's Compensation, Theordore O. Torve
Washington Law Review
Covers cases on the longshoremen's act—right to sue fellow employees and on third-party tort action by a workman under the Industrial Insurance Act against a physician for malpractice.
The Board Of Industrial Insurance Appeals After Nine Years: A Partial Evaluation, Donald H. Wollett
The Board Of Industrial Insurance Appeals After Nine Years: A Partial Evaluation, Donald H. Wollett
Washington Law Review
Prior to 1949 the Department of Labor and Industries adjusted claims made under the Washington Industrial Insurance Act arising out of industrial injury, death, and disease, subject to review by the superior courts. Initial determinations were made ex parte by the Supervisor of Industrial Insurance. Appellate determinations, where a re-hearing was requested, were made by the Joint Board, consisting of the Director of the Department and two of his subordinates—the same Supervisor of Industrial Insurance who had made the initial determination, and the Supervisor of Safety. The Joint Board's primary function was quasi-judicial. However, since the tribunal consisted of the …