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Trial Practice And Tactics In Employee Injury Cases -- The Defendant's Viewpoint, Don M. Jackson
Trial Practice And Tactics In Employee Injury Cases -- The Defendant's Viewpoint, Don M. Jackson
Vanderbilt Law Review
Due to the liberal construction that courts give workmen's compensation statutes, the employer has heavy odds against him in most cases. Nevertheless, the author concludes, defense counsel should not despair. Hard work and proper preparation will still yield handsome rewards, especially in those cases in which the principal issue is the nature and extent of disability.
The General Structure Of Law Applicable To Employee Injury And Death, Ben F. Small
The General Structure Of Law Applicable To Employee Injury And Death, Ben F. Small
Vanderbilt Law Review
The author here shows how the failure of the common law to cope with the problem of industrial injury led to the passage of workmen's compensation legislation. After examining the basic structure of that legislation, he turns to an extensive discussion of the problems of federal preemption and the interrelation of workmen's compensation with other wage loss programs (including a comparison with the British system). In conclusion, he catalogues the criticisms of the present system, and suggests that the area is ripe for further action by the federal government.