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Articles 1 - 15 of 15
Full-Text Articles in Law
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 …
Psychiatrist In Workmen's Compensation Field, Donald W. Loria
Psychiatrist In Workmen's Compensation Field, Donald W. Loria
Cleveland State Law Review
At one time, if a physician could find no objective evidence of disability, an employee usually lost his workmen's compensation case. If the x-ray and the electroencephalogram were negative, if no muscle spasm were present, if the diminished sensation to pinprick followed no anatomical pattern-if the doctors could find nothing in the examination to substantiate the employee's complaints of pain-the decision invariably found the employee was malingering. Compensation was denied. Toward the middle of this century, psychiatry began to offer some explanations.
Compensable Injury In Back Claims, John H. Small
Compensable Injury In Back Claims, John H. Small
Cleveland State Law Review
This article is the product of many years uncertainty and resulting unhappiness in advising clients, compensation insurers and their claims representatives-in their handling of back claims, and in the writer's own preparation and trial of such proceedings.No doubt this situation has been intensified by the fact that North Carolina is in the very small minority of jurisdictions limiting compensability by requiring an accident as a condition precedent, and yet recognizing this handicap, seeking exceptions where it could, to the accomplishment of justice at the cost of confusion.
Radiation Injury In Workmen's Compensation, Richard E. Hendricks
Radiation Injury In Workmen's Compensation, Richard E. Hendricks
Cleveland State Law Review
Whether because of expanded uses of the fruits of the nuclear age, or because of more insights into radiation caused diseases, in years to come more employees are likely to find themselves filing claims for workmen's compensation because of alleged radiation-caused diseases or illnesses. What are radiation diseases and injuries? Which occupations are likely to give rise to radiation exposure? Do present workmen's compensation laws provide coverage for such injuries and diseases, and to what extent? How is a claim processed? Can the present laws be improved, and what efforts are being made-or should be made-to im-prove them?
Aggravation Under Workmen's Compensation, Allyn D. Kendis, James D. Kendis
Aggravation Under Workmen's Compensation, Allyn D. Kendis, James D. Kendis
Cleveland State Law Review
Workmen's compensation has been defined as a system of social legislation providing compensation for loss resulting from the disablement or the death of workmen through industrial accident, casualty or disease. ... Recovery for an injury sustained in a workmen's compensation case is dependent upon the existence of all of the following six factors: (1) Jurisdiction of the subject matter; (2) Amenability of employer; (3) Proof of contract of employment; (4) Showing of a work related occurrence; (5) Sustaining of an injury as defined under the Workmen's Compensation Act; and (6) Proof of a causal relationship between the disabling condition and …
Processing A Workmen's Compensation Case In Ohio, James L. Young
Processing A Workmen's Compensation Case In Ohio, James L. Young
Cleveland State Law Review
The Workmen's Compensation system, which has been a part of Ohio law since May 31, 1911, represents a sharp departure in concept from the earlier methods of redressing work injuries. Under Workmen's,Compensation, neither the negligence of the employer nor that of, the employee plays any part in the determination of the employee's entitlement to the stated benefits. It is the fact of injury sustained in the course of and arising out of employment which is critical.
Appeals In Workmen's Compensation, M. Holland Krise
Appeals In Workmen's Compensation, M. Holland Krise
Cleveland State Law Review
There is a solution to the problem of appeals in the Ohio Workmen's Compensation Act. Permit the administrative officers who are well trained and have many years of experience to determine the facts and law with court appeals on questions of law only. Since Ohio is a State Fund operation, hearing officers probably should not be responsibleto the Bureau of Workmen's Compensation. This alliance could affect their judgment since they must defend the insurance fund against any claim which is, in their opinion, unlawful.
Recommended Changes In Ohio Workmen's Compensation, Elmer A. Keller
Recommended Changes In Ohio Workmen's Compensation, Elmer A. Keller
Cleveland State Law Review
While events on the national and international scene have changed drastically in the past 5 years both as to our economy and our way of life, workmen's compensation benefits as they affect both of these matters have remained relatively static. Change is the order of the day. To keep pace with constantly changing conditions, it is just as necessary that we keep up and change our laws to meet the changing problems which are ever upon us. In a dissertation on such an all inclusive subject, it is not possible to elaborate in too much detail each suggested change and …
Workmen's Compensation Denied: A Reply, Harold Ticktin
Workmen's Compensation Denied: A Reply, Harold Ticktin
Cleveland State Law Review
A reader of the January 1968 Symposium on Workmen's Compensation in the Cleveland-Marshall Law Review would be badly misled if he took the titles of the two articles by Messrs. Krise and Keller at face value.' While purportedly about appeals and recommended changes in the Ohio Workmen's Compensation law, these articles are in fact attacks on attorneys who represent claimants in workmen's compensation controversies.
Horseplay By Employees, Howard L. Oleck
Horseplay By Employees, Howard L. Oleck
Cleveland State Law Review
A principal type of practical joke (horseplay) injury is that caused by workmen trying to lighten the dull routine of work by playful funmaking. This involves the well established liability of a master for the torts of his servant done in the course and scope of the employment. It also involves the well-known limitation on respondeat superior that results when an employee in effect abandons his employment by making a detour from his business route, or by engaging in "a frolic of his own." This body of law has been greatly limited and changed (but not totally abolished) by enactment …
Editor's Preface To The Symposium, Nancy F. Halliday
Editor's Preface To The Symposium, Nancy F. Halliday
Cleveland State Law Review
It is intended that this symposium be beneficial not only to practicing attorneys dealing with specific problem areas of workmen's compensation, but also to workmen's compensation administrators and progressive state legislators in their efforts to improve the protection afforded both to labor and to industry.
Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr.
Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr.
Cleveland State Law Review
Any attempt to comprehensively analyze the voluminous and detailed Workmen's Compensation and Industrial Employee legislation throughout the United States awakens one to the vast scope of ourmindustrial society. The magnitude of progress in this field dominates all other considerations of this survey, designed to show what aspects of these laws are in the throes of legislative revision, with emphasis on advances in vocational rehabilitation, coverage of public employees, and expansion of occupational disease classifications. This survey encompasses not only legislative revisions, repeals and amendments proposed or pending before State lawmakers, but attempts a preview of future activity.
Expanding Employees' Remedies And Third Party Actions, Robert L. Millender
Expanding Employees' Remedies And Third Party Actions, Robert L. Millender
Cleveland State Law Review
The title of this article is perhaps somewhat misleading. Do third party actions expand employees remedies? Such actions arise out of provisions of our state and federal workmen's compensation laws granting an employer or his insurer the right to sue any person or persons who cause the injury to his employee. Also, third party actions arise under statutes granting the injured employee the right to sue the tort-feasor without loss of recourse against the employer. Third party actions do constitute an expanding remedy for the employer and his insurer; it is generally conceded that without a statutory provision the right …
Malone Re-Visited - Definition Of Injury Under The Ohio Workmen's Compensation Act, R. Brooke Alloway
Malone Re-Visited - Definition Of Injury Under The Ohio Workmen's Compensation Act, R. Brooke Alloway
Cleveland State Law Review
Since the adoption of Section 35 of Article II, Constitution of Ohio, the history of the meaning of "injury" has been subject to a tug-of war between the Legislature and the Supreme Court. Twice, in 1937 and in 1959, the Legislature has enacted amendments, both apparently with a view to liberalizing the scope of the term.
Workmen's Compensation--"Arising Out Of" Requirement--Operating Premises, Glen S. Bagby
Workmen's Compensation--"Arising Out Of" Requirement--Operating Premises, Glen S. Bagby
Kentucky Law Journal
No abstract provided.