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Full-Text Articles in Law
Workmen's Compensation And The Social Security Disability Program: A Contrast, Arthur Abraham, Irwin Wolkstein
Workmen's Compensation And The Social Security Disability Program: A Contrast, Arthur Abraham, Irwin Wolkstein
Vanderbilt Law Review
Recently, concern has been expressed that the federal disability insurance program may expand and engulf state workmen's compensation systems; legislation aimed at eliminating this possibility has been introduced in Congress. The authors attempt in this article to shed some light on the controversy; after describing the various disability protection programs, they turn to a detailed discussion of the overlap, interrelationship, and differences between the protection offered by the federal social security and state workmen's compensation programs. They conclude by discussing the arguments which can be made both for and against an "offset" provision in the social security law.
Some Recent Developments In The Substantive Law Of Workmen's Compensation, Wex S. Malone
Some Recent Developments In The Substantive Law Of Workmen's Compensation, Wex S. Malone
Vanderbilt Law Review
After setting out the factors which make for change in the compensation structure, the author goes on to discuss three problem areas in which that change is clearly visible: distinguishing between employees and independent contractors, determining tho rights of a borrowed employee, and deciding whether an accident arose out of the employment. He concludes that the law of workmen's compensation is developing in consonance with the social philosophy which underlies it.
Trial Practice And Tactics In Employee Injury Cases -- The Plaintiff's Viewpoint, Benjamin Marcus
Trial Practice And Tactics In Employee Injury Cases -- The Plaintiff's Viewpoint, Benjamin Marcus
Vanderbilt Law Review
The author, a practitioner with extensive experience in the workmen's compensation field, sets out a number of "do's" and "don't's" for the successful representation of plaintiffs in employee injury cases, especially with regard to the handling of medical evidence. He also points out defects in the existing law, and calls upon the bar to fulfill its social role by supporting remedial legislation.
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.
The Law Of Workmen's Compensation And Employers' Liability: A Selected List Of Materials 1950-1963, Cyril L. Mcdermott
The Law Of Workmen's Compensation And Employers' Liability: A Selected List Of Materials 1950-1963, Cyril L. Mcdermott
Vanderbilt Law Review
Professor McDermott has compiled in this article a comprehensive reference guide to the materials of workmen's compensation law. In addition to general works, current specialized sources are arranged by jurisdiction for easy reference.
Workmen's Compensation -- 1962 Tennessee Survey, J. Gilmer Bowman, Jr.
Workmen's Compensation -- 1962 Tennessee Survey, J. Gilmer Bowman, Jr.
Vanderbilt Law Review
The Tennessee Supreme Court was again faced with a substantial number of workmen's compensation cases during the current survey year. Fewer of the cases than usual were concerned primarily with whether the decision below was supported by sufficient evidence. However, a number of them were illustrative of aspects of the statutory requirement that an employee suffer an injury by accident arising out of and in the course of his employment in order to be eligible for workmen's compensation benefits.