Law Commons^™

Workmen's Compensation--Mental And Emotional Attitude Of Employee Considered Factor In Recovery, J. J. P.

West Virginia Law Review

No abstract provided.

Workmen's Compensation And Radiation Injury, Gerald L. Hutton

Vanderbilt Law Review

The utilitarian and research value of radioisotopes, x-ray and fluoroscopic devices, cyclotrons and other particle accelerators, nuclear reactors, and other materials or devices emitting ionizing radiation is unquestioned. Ionizing radiation, however, can prove harmful as well as beneficial depending upon the care which is exercised in its use. Numerous cases of x-ray and radium injuries are reported in the literature, such injuries dating from 1896 when Roentgen first announced the discovery of x-rays. The most publicized cases of radiation injury are those occurring in the radium poisoning or "dial painters" cases in the 1920's. Unlike most noxious materials encountered in …

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 …

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—Timeliness Of Application, Buffalo Law Review

Buffalo Law Review

Hengel v. Federici, 4 N.Y.2d 176, 173 N.Y.S.2d 291 (1958).

Workmen's Compensation—Workmen's Compensation As Exclusive Remedy, Buffalo Law Review

Buffalo Law Review

Naso v. Lafata, 4 N.Y.2d 585, 176 N.Y.S.2d 622 (1958); Rauch v. Jones, 4 N.Y.2d 585, 176 N.Y.S.2d 622 (1958).

Workmen's Compensation—Jurisdiction Where Job Situs Outside State, Buffalo Law Review

Buffalo Law Review

Nashko v. Standard Water Proofing Co., 4 N.Y.2d 199, 173 N.Y.S.2d 565 (1958).

Workmen's Compensation—Scope Of Employment, Buffalo Law Review

Buffalo Law Review

Miller v. Bartlett Tree Expert Co., 3 N.Y.2d 654, 171 N.Y.S.2d 77 (1958); Pasquel v. Coverly, 4 N.Y.S. 2d 28, 171 N.Y.S.2d 848 (1958).

Labor Law And Workmen's Compensation -- 1958 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

The federal Labor-Management Relations (Taft-Hartley) Act sets forth as a basic right the freedom of choice of covered employees with respect to unionization and the establishment of collective bargaining. While protecting certain concerted activities, this statute makes it unlawful, among other things, for a labor organization to strike or picket for certain proscribed objectives. In this area of regulation (i.e., the purposes of labor combinations and economic pressures) the federal machinery is exclusive to the extent that the necessary relationship to interstate commerce is present and exceptions to coverage are inapplicable. While the Supreme Court of the United States has …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Jurisdiction--Assumption of Personal Jurisdiction over Non-Resident Insurer on the basis of a Single Insurance Contract

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Constitutional Law--Taxation--Tax Immunity of Federal Government not Infringed by Local Taxes upon Possession of Government Property

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Evidence--Hearsay--Utterance of Employee under Emotional Stress Admissible to Establish Scope of Employment and Render Employer Vicariously Liable

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Insurance--Automobile--Duplicating Recoveries allowed under Liability and Medical Payment Clauses of Automobile Liability Insurance Policy

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Insurance--Business Indemnity--Radiation Decontamination Expenses not Recoverable under a Business Interruption Clause

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Insurance--Life--Variable Annuity Contracts not Subject to Regulation by Securities and Exchange Commission

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Physicians--Unprofessional Conduct--Willful Evasion of Federal …

Book Review, Law Review Staff

Vanderbilt Law Review

The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …

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

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

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 …

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

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 …

"Accidental Means" In Workmen's Compensation - Furlong V. O'Hearne, Nelson B. Seidman

Maryland Law Review

No abstract provided.

Medicolegal Aspects Of Industrial Noise, Meyer S. Fox

Cleveland State Law Review

Occupational hearing loss may be defined as a hearing impairment in one or both ears, partial or complete, arising in, during the course of, or as the result of one's employment. It can occur suddenly as the result of one's employment. It can occur suddenly as the result of a traumatic injury, intense blasts or explosions, or gradually due to prolonged exposure to excessive noise levels. Hearing losses resulting from blows, blasts, or explosions, as well as from foreign objects and burns, have usually been compensated under schedule of accidental injuries. Industrial noise hearing loss is the accumulative loss of …

Occupational Dermatitis In Railroad Cases, Howard L. Oleck, Elmer I. Schwartz

Cleveland State Law Review

Employers today must be presumed to know of the dangerous nature of many chemicals which produce contact dermatitis, as well as respiratory and other injuries. Among the known-to-be-dangerous substances are such things as chrome compounds, lead compounds, petroleum compounds, and many others. The danger of sensitization by these substances also must be presumed to be known. It follows that an employer is legally bound to take all reasonable possible precautions to protect his workers from such injuries. Whether or not he has taken adequate precautions is a question of fact, for the jury. If he has taken no special precautions, …

Occupational Dermatitis And Dermatitis From Cosmetics And Fabrics - Medico-Legal Aspects, Louis Schwartz

Cleveland State Law Review

Diseases of the skin are the most frequent of all occupational diseases. They constitute about two-thirds of all occupational diseases reported to compensation boards. This follows logically from the fact that the skin is the largest and most external organ of the body and hence has the most contact with environmental irritant and toxic substances. According to government statistics, it has been estimated that the monetary loss per year from occupational skin diseases is more than 100 million dollars. members of the legal profession having clients, either claimants or defendants, in cases involving compensation should have some basic knowledge of …

Combating The Traumatic Effects Of Industrial Noise, W. F. Scholtz

Cleveland State Law Review

Today's increased interest in factory noise is partly created by the fact that exposure to sound under certain conditions may cause hearing impairment. This interest has been reflected in both management and labor circles. The seriousness of the problem is evidenced by a sudden increase in the number of claims filed for industrial hearing loss, presumably caused by exposure to high intensity sound. Unfortunately, major uncertainties exist, making the establishment of standardized tests and measurements difficult. Allison Chalmers Manufacturing Company and competent medical authorities have done a great deal of valuable preliminary study, making it possible to set tentative standards …

Workmen's Compensation--Insurance--"Full Coverage", H. Wendell Cherry

Kentucky Law Journal

No abstract provided.