Law Commons^™

Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron

St. John's Law Review

(Excerpt)

This Note argues that the legislature should add a provision to New York’s Workers’ Compensation Act that expressly precludes jurors from coverage. Such a provision would comport with the policy underlying the statute, the statute’s structure, and the statute’s language. Moreover, that legislative provision would prevent the court from wasting the considerable time and expense of grappling with other courts’ inconsistent interpretations of workers’ compensation statutes and their underlying policies. First, Part I of this Note provides an overview of the workers’ compensation law and explores the policies underlying the advent of workers’ compensation statutes. Then, Part II surveys …

Manufacturer's Liability As A Dual Capacity Of An Employer, John D. Lambert

Akron Law Review

In recent years, a new theory of recovery for employees' injuries arising out of an employment situation has emerged where the employer's product is the proximate cause of the injury. In most situations the theory of recovery for the employee would be workmen's compensation statutes with their schedules which limit the amount the employee recovers. Recently, to avoid this inadequate measure of damages, employees' attorneys have, with increasing regularity, alleged that the injury arose out of a second or dual capacity of the employer, unrelated to and independent of the normal employer-employee obligations and duties.

1977 Workmen's Compensation Legislation, Stanley James Brainerd

Florida State University Law Review

No abstract provided.

Florida Workmen's Compensation Law (Second Edition), Stephen Marc Slepin

Florida State University Law Review

By Leo & Jonathan Alpert. Atlanta, Ga.: Harrison Co. 1975. Pp. xxi, 886. $55.00.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Injunctions--Contempt Power--Citation Proper Against Nonparty Who Violates Court Order in School Desegregation Case

Whether an injunction or other order binds one not a party to the underlying suit or proceeding so that he may be held in contempt for violation is a question that always has troubled the courts. Some early cases purported to announce a sweeping and apparently absolute rule--that an injunction or other order does not bind nonparties. The principle underlying this rule is that due process forbids a court to adjudicate the legal rights and relationships of a person who has not had the opportunity to be …

Appellate Procedures In Workmen's Compensation Cases, James D. Kendis

Cleveland State Law Review

Workmen's compensation in the state of Ohio dates back to 1911 when the Ohio legislature enacted a voluntary Work- men's Compensation program. The legislation was soon tested in the courts and declared constitutional by the Ohio Supreme Court in the case of State ez rel. Yapel v. Creamer, the court finding that this type of "social" legislation was valid under the state police power. The legislature, in 1912, presented a constitutional amendment to the people of the State of Ohio for the purpose of establishing a formal Workmen's Compensation system which was adopted as Article II, Section 35.2 This section …

Workmen's Compensation At Sea, Charles D. Evens

Vanderbilt Journal of Transnational Law

At the present time there are three possible remedies available to seamen who are injured in the course of their employment. In order to maintain any of these actions, the injured party must of course qualify as a seaman. The traditional tests used to determine whether a maritime worker is a seaman are as follows: 1) the vessel must be in navigation, 2) the worker must have a more or less permanent connection with the vessel, and 3) the worker must be aboard the vessel primarily to aid in navigation. These standards have been somewhat modified by Offshore Company v. …

Federal Encroachment Into The Historically State Administered Workmen's Compensation Program, Roscoe Lowery

Kentucky Law Journal

No abstract provided.

Reopening Of Workmen's Compensation Claims--Enforcement Of Awards Pending Reopening Proceedings, John Frith Stewart

Kentucky Law Journal

No abstract provided.

The Case For A Seagoing Workmen's Compensation Act, Parker B. Smith

Vanderbilt Journal of Transnational Law

At the present time no comprehensive workmen's compensation statute exists to provide coverage for seamen injured in the course of their employment. The seaman's only existing remedies consist of an action for maintenance and cure, an action for breach of the shipowner's warranty of seaworthiness, and an action for negligence under the Jones Act. These remedies offer unsatisfactory protection to the seaman for several reasons. Under the existing remedies the seaman may be unable to obtain any recovery because the shipowner has the traditional right to "limit liability" to the seaman at the outset of the seaman's action for recovery. …

Worldwide Workmen's Compensation Trends, Samuel B. Horovitz

Kentucky Law Journal

No abstract provided.

Occupational Safety And Health: Environmental Justice For The Forgotten American, Joseph A. Page, Gary B. Sellers

Kentucky Law Journal

No abstract provided.

The 'Operating Premises' Exception To The Going And Coming Rule, Richard D. Cooper

Kentucky Law Journal

No abstract provided.

Evolution Of The "Accident" Requirement In Workmen's Compensation Practice, James M. Graves

Kentucky Law Journal

No abstract provided.

Disability--Kentucky Style, Alvin B. Trigg

Kentucky Law Journal

No abstract provided.

Kentucky's Answer To "The Coal Black Shame"--A Critical Analysis Of Kentucky Workmen's Compensation Coverage Of Black Lung Disease, Kenneth Williams

Kentucky Law Journal

No abstract provided.

Dependency In Workmen's Compensation:Letting The Expectations And Conduct Of Affected Parties Play A More Significant Role, Clifford Davis

Vanderbilt Law Review

The death benefits provided by compensation legislation must satisfy two tests. First, the benefits should cover the net economic loss resulting from occupational death.' Second, those survivors who could have expected to benefit from future earnings ought to share appropriately in the sum total of the benefits provided. This article focuses primarily upon this second question. The inadequacy of available benefits, however, may require the exclusion as beneficiaries of some survivors with expectations of support in order more adequately to provide for others. Thus, inadequacy of total benefits will be considered when it is relevant to the determination of who …

Workmen's Compensation: Recovery Under The Positional Risk Doctrine For Personally Motivated Assaults, Steven E. Briggs

San Diego Law Review

While performing duties for her employer, Lillian A. Schick was killed by her former husband. The employer manufactured tablepads and decedent’s job was to measure the tables of the retail outlet customers. Using an assumed name, Mrs. Schick’s former husband formulated and elaborate ruse whereby Mrs. Schick was sent to measure his table. Upon her arriving at his apartment he killed her and committed suicide. The referee of the Workmen’s Compensation Appeals Board issued a take nothing award, finding that injury and death did not arise out of the employment. On petition for reconsideration, the Workmen’s Compensation Appeals Board awarded …

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 …

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.

Workmen's Compensation--"Arising Out Of" Requirement--Operating Premises, Glen S. Bagby

Kentucky Law Journal

No abstract provided.

Workmen's Compensation For Radiation Injuries In Tennessee, E. Blythe Stason

Vanderbilt Law Review

We lay to one side, so far as this article is concerned, the impact of the atom on general tort liability in Tennessee. Such important aspects of the total subject as strict liability, nuisance actions, third-party liability, and joint and several liability we reserve for another occasion. Hopefully radiation will be so well regulated that the injuries to outsiders will be few and far between. We also lay to one side possible injuries in Tennessee resulting from the extensive operations of the federal government in the nuclear field. Such injuries receive special handling either by federal agencies (e.g.,the Bureau of …

Horseplay By Employees, Michael Kaye

Cleveland State Law Review

The trend of authority is strongly in favor of eliminating the aggressor defense from Workmen's Compensation law. The instigator, like the victim or participant in horseplay, is now likely to be compensated for his injuries resulting from sportive acts. This is looked on by the law as a reasonable consequence of the natural conditions of employment rather than as a deviation. "Horseplay" is the colloquial term referring to sportive and playful acts often used legalistically to describe the conduct of employees who skylark or prank, doing injury to themselves or to others. Sportive conduct includes assaults with or without an …

Workmen's Compensation For Suicide After Traumatic Injury, Paul Mitrovich

Cleveland State Law Review

Since the institution of the Workmen's Compensation Acts, courts have recognized that in some instances compensation statutes cover suicide. However, these situations are few, and must meet a rigid set of tests before a court will award compensation to the decedent's family or survivors.

Kentucky Adopts The Positional Risk Doctrine: Chance For A New Approach, James T. Waitman

Kentucky Law Journal

No abstract provided.

Compensability Of Non-Traumatic Ulcer, Carl L. Stern

Cleveland State Law Review

Titles can be misleading. So, lest the writer be accused of unfair legal merchandising, I must declare at the outset that the non-traumatic ulcer is not compensable, given the present state of the law. I cannot claim that the non-traumatic ulcer has never been held compensable. I can only asseverate that no such holding was uncovered in the course of extended examination of workmen's compensation disputes which have reached courts of review.

An Analysis Of The 1964 Amendments To The Kentucky Revised Statute Ch 342-1964, Herbert L. Segal

Kentucky Law Journal

No abstract provided.

Workmen's Compensation - Widow Is Entitled To Death Benefits. Deceased Husband, Recipient Of A Football Scholarship, Is An Employee Of His College Within The Meaning Of The Workmen's Compensation Act (Van Horn V. Industrial Accident Commission, Cal. 1963), Joe N. Turner

San Diego Law Review

Van Horn, an outstanding athlete while in high school, was recruited by California State Polytechnic Institute for its football team. In accordance with the promises made to him by the school coach, he was paid $50 at the beginning of each academic quarter, and another sum to defray his rental expenses during the football season. In addition, he was paid an hourly wage to line the football field; this activity was the only work, in the usual sense of the word, that he performed for the College. Van Horn and some of his teammates were killed in the crash of …

Diseases Of Obscure Etiology: Legal Aspects, Paul D. Rheingold

Cleveland State Law Review

The purpose of this note is to gather and analyze legal cases which have involved diseases characterized by the courts or medical witnesses as being of obscure etiology or in which the role of trauma is uncertain. Basic to this discussion is an understanding of the concepts of causation, precipitation and aggravation as they are used both legally and medically.

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.