Law Commons^™

Domestic Relations--The Effect Of A Bigamous Marriage In A Workmen's Compensation Proceeding, Thomas Franklin Mccoy

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Thomas Richard Ralston

West Virginia Law Review

No abstract provided.

Agency -- 1961 Tennessee Survey (Ii), W. Harold Bigham

Vanderbilt Law Review

I. Employee and Independent Contractor Distinguished

During the abbreviated survey period there were no significant or momentous decisions by Tennessee courts--state or federal--involving agency principles. Indeed the only state appellate case properly to be considered here involved the rather pedestrian question of whether a petitioner for workmen's compensation benefits was, vis-a-vis the defendant prime contractor, an employee or an independent contractor.

=================================

II. Misrepresentations of Agent

Butts v. Colonial Refrigerated Transportation, Inc. is merely another example of the Sixth Circuit's unfortunate proclivity for writing per curiam affirmances. It is well-nigh impossible to determine whether the liability of the defendant which …

Workmen's Compensation -- 1961 Tennessee Survey (Ii), J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Since the workmen's compensation statute was designed to provide benefits for an employee's work-connected injury or death, it necessarily follows that there must have been an employment relationship within the coverage of the statute and that the person or persons claiming the benefits must be within the class entitled to do so. The application of this basic premise, which on its face appears simple enough, was involved in three cases before the Tennessee Supreme Court during the survey period.

Bowling v. Whitley was a workmen's compensation suit brought by an employee against his immediate employer, a subcontractor, as well as …

Master And Servant--Fraud In The Inducement Of An Employment Contract--Effect Under Federal Employers' Liability Act, Herbert Stephenson Boreman Jr.

West Virginia Law Review

No abstract provided.

Workmen's Compensation--Heart Case After 1956 Amendment Requiring Traumatic Personal Injury, Lowell T. Hughes

Kentucky Law Journal

No abstract provided.

Workmen's Compensation And The Disabling Neurosis, Alexander R. Manson

Buffalo Law Review

No abstract provided.

Workmen's Compensation And Heart Attacks, Richard W. Dunn

Cleveland State Law Review

The basis for granting and denial of compensation for heart attacks in the several states runs the gamut from common-sense reasoning to arbitrary adherence to rigid construction of the compensation statutes. To add to the difficulty as to the compensability of a heart attack injury, the courts must first resolve the question as to whether or not the injury or death was incurred in the course of employment. This issue in and of itself ofttimes poses questions that are sufficient to tax even the most adept legal minds. In cases involving heart attacks the courts are additionally burdened by having …

Ohio's Workmen's Compensation Law, Thomas P. Mcintyre

Cleveland State Law Review

In 1911, workmen's compensation originated in Ohio and it was called the "Employer's Liability Act" with the employers contributing 90% and the employees contributing 10%. The purpose of the act was to provide compensation for loss resulting from disability or death of a workman from industrial accidents or disease without regard to negligence and fault.

Heart Attack As Compensable Injury, Marvin D. Silver

Cleveland State Law Review

The original intention of the author was to propose the idea that a heart attack might be compensable as an occupational disease. However, after extensive research and deliberation, it appears evident that the universally accepted construction and interpretation of the term "occupational disease" is invulnerable to the inclusion therein of the heart attack incident.

European View Of Heart Attack Compensation, Pieter J. Hoets

Cleveland State Law Review

This article gives a comparison of different European views on heart attack compensation. The author choose to analyze the views of Germany, The Netherlands, and France.

Traumatic Cancer In Workmen's Compensation, James T. March

Cleveland State Law Review

It is difficult today to prove a relation between single trauma and cancer in workmen's compensation, except in isolated cases. The possibility now seems to exist, however, in view of numerous recent decisions, that more and more of these claims will be allowed in the near future, and that more awards of compensation will be sustained.

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 …