Workers' Compensation Law Commons^™

Admiralty - Jones Act - Applicability To Dredge Employees As Seaman, Ross Kipka

Michigan Law Review

Petitioner, a laborer, was employed by respondent on a canal digging project. His duties were those of a handyman on respondent's dredge, which was temporarily attached to shore, and his work consisted of carrying supplies from shore to the dredge, cleaning the dredge, and doing errands ashore. The employee was not a member of a maritime union, but was a member of a laborers' union. He lived at home, worked on an eight hour shift, and brought his meals to his place of employment. He was not subject to the supervision of the officer of the dredge but received his …

Workmen's Compensation - Federal Employers' Liability Act - Coverage Under 1939 Amendment, Robert J. Hoerner

Michigan Law Review

In 1956 the Supreme Court handed down two decisions interpreting the 1939 Amendment to the Federal Employers' Liability Act which substantially extended the act's coverage. The purpose of this short comment is to examine this extension and its impact on the perennial controversy between advocates of the FELA on the one hand and workmen's compensation on the other.

Workmen's Compensation - Requirement Of Causal Connection Between Employment And Injury, Thomas S. Erickson S.Ed.

Michigan Law Review

Plaintiff-employee was compensated for injuries received when she slipped on a patch of ice and fell on defendant-employer's premises while going from her work to eat lunch in defendant's cafeteria. On appeal, held, reversed. At the time of the injury plaintiff was not rendering any service to her employer. There was no causal connection between employment and injury, and the injury did not arise out of and in the course of her employment as required by statute. Mack v. Reo Motors, Inc., 345 Mich. 268, 76 N.W. (2d) 35 (1956).

Labor Law - Lmra - Deduction Of Workmen's Compensation From Employer's Back Pay Liability, John A. Beach

Michigan Law Review

The National Labor Relations Board found that the Moss Planing Mill Company had committed an unfair labor practice in discharging an employee for his union activities. The company's secretary-treasurer also had battered the employee, inflicting injury, at the time of the discharge. Pursuant to section 10 (c) of the amended National Labor Relations Act, the Board ordered the company to reinstate the employee and make him whole for back pay lost due to the unfair discharge. The order was enforced by the court of appeals. In a supplemental order specifying the amount of back pay to be awarded, the Board …

Conflict Of Laws - Full Faith And Credit - Exclusive-Remedy Provision Of Foreign Workmen's Compensation Law, Morton A. Polster S.Ed.

Michigan Law Review

Plaintiff, a resident of Missouri, entered into an employment contract there with a Missouri painting company. He was injured while working in Arkansas on a job his employer had subcontracted from the defendant, a Louisiana contractor. The Missouri employer's insurer voluntarily began weekly payments to the plaintiff pursuant to the Missouri workmen's compensation law, although there had been no formal proceeding or award. Payments under the Missouri act were exclusive of all other rights and remedies. After receiving thirty-four payments, the plaintiff sued the defendant for negligence in the Arkansas courts. The defendant had the case removed to the federal …

Workmen's Compensation - Injury Suffered During Coffee Break As Arising Out Of And In The Course Of Employment, Hazen V. Hatch S.Ed.

Michigan Law Review

Plaintiff was employed by defendant laundry company as a mangle operator. A collective bargaining agreement between the defendant and the union representing its employees provided for two paid ten minute rest periods during the work day. Plaintiff left the defendant's premises during such a rest period and went to a nearby restaurant. On her return she slipped on ice on defendant's front step and was injured." The Department of Labor and Industry found the injury compensable under the Michigan Workmen's Compensation Act. On appeal, held, reversed, two justices dissenting. The place of the injury is not determinative of eligibility …

Workmen's Compensation - Traumatic Neurosis Without Physical Injury, Irving L. Halpern

Michigan Law Review

Appellee and his co-worker attempted to lower a suspended scaffold on which they were standing, whereupon the scaffold gave way and the coworker fell to his death. Appellee suffered only slight bruises on his leg, but as a result of seeing his fellow employee fall to his death, he sustained severe fright and shock which resulted in a traumatic neurosis preventing him from engaging in the normal duties of his occupation. The lower court awarded appellee judgment for permanent partial disability under the Texas Workmen's Compensation Law. On appeal, held, reversed. Appellee's condition was a mental disease and compensable …

Workmen's Compensation - Injury "Arising Out Of" The Employment - Increased Risk As An Exception To Common Hazard Rule, Howard M. Downs

Michigan Law Review

Lightning killed an employee as he was carrying a shovel with a metal scoop over his shoulder while in the course of his employment. Expert testimony indicated that the risk from lightning was increased from a radius of twelve feet for a man six feet tall to a radius of fourteen feet for a man of the same height carrying a shovel. The Michigan Workmen's Compensation Commission granted an award. On appeal, held, reversed. Assuming that the employee was in greater danger by carrying the shovel, there also must be proof that this increased degree of risk caused the …

Workmen's Compensation - Injuries Arising Out Of And In The Course Of Employment - Employer Furnishing Transportation And Employee Carrying Work To Do At Home As Exceptions To Coming And Going Rule, James W. Beatty S.Ed.

Michigan Law Review

Decedent, a member of the Public Service Commission, was fatally injured in an accident while traveling between his place of employment and his home. He was driving an automobile furnished by the state, which bore the expenses of maintenance and operation. Decedent had with him certain files to work on at his home, his custom being to devote a part of each weekend to matters connected with his employment. Plaintiff as widow brought an action for death benefits under the Workmen's Compensation Act. The Workmen's Compensation Commission entered an award for the plaintiff. On appeal by the state, held, …

Workmen's Compensation - Injuries At Home Arising Out Of And In The Course Of Employment, Arthur M. Wisehart S.Ed.

Michigan Law Review

Plaintiff was employed as defendant's bookkeeper. With the consent of the employer, she had done all of the bookkeeping at home for several years. As she was about to start her work one night, plaintiff discovered that her husband's oily rifle was lying on the couch where she usually sat. In picking up the rifle to move it to its proper place in the closet, plaintiff accidentally fired the gun, causing an injury which resulted in the amputation of her left thumb. The lower court decided that the injury was one arising out of and in the course of plaintiff's …

Conflict Of Laws-Full Faith And Credit As Applied To Statutes, George D. Miller, Jr. S.Ed.

Michigan Law Review

While the full faith and credit clause of the Constitution makes no apparent distinction between judgments and public acts, it is clear that statutes have not been afforded the same degree of full faith and credit as judgments. Whether or not a statute will receive full faith and credit has been questionable in most cases, and serious problems of prediction still arise.

Admiralty-Duration Of Duty To Provide Maintenance And Cure, R. B. Barnett

Michigan Law Review

Libelant, while employed as engineer on a vessel operated by the United States, suffered a heart attack. He was paid maintenance and cure from May 31, 1946, when he was discharged from the hospital, until May 26, 1947. This action was brought to recover maintenance and cure from that date until March 25, 1951, when he returned to work, less two periods during which he had been employed for 60 and 93 days. Since April 1947, libelant had received treatment consisting of sedatives and medications designed to relieve chest pains and other discomforts. It was acknowledged there had been little …

Admiralty-Maintenance And Cure, Donald S. Leeper S.Ed.

Michigan Law Review

The recent decision of Warren v. United States marks another instance of the growing interest of the Supreme Court in the remedies given injured seamen. The right of the seaman to maintenance and cure can be found in the earliest formulations of a law of the sea and is present in our admiralty law today. The ancient terminology is still used but the tendency is to construe the language liberally in favor of the seaman.

This comment is intended as a short survey of the development of the remedy in this country as represented by the landmark cases. It will …

Conflict Of Laws-Enforcement Of Foreign Claims For Taxes And Workmen's Compensation Premiums, C. J. Rice S. Ed.

Michigan Law Review

By reason of work done in Ohio, defendant-employer came within the provisions of that state's compulsory workmen's compensation law. The State of Ohio sought to collect insurance premiums due the state fund by an action brought in a Kentucky court. Defendant demurred on the ground that the claim was in the nature of one for taxes, and hence unenforceable extraterritorially. On appeal from an order sustaining the demurrer, held, reversed. Regardless of whether or not the claim for premiums can be classified as one for taxes, Kentucky courts may act as forums for the collection of foreign tax claims. …

Workmen's Compensation-Injury In Fight As Arising Out Of And In The Course Of The Employment, Philip G. Meengs

Michigan Law Review

Deceased was employed by defendant as an engineer and, while waiting to relieve the engineer then on duty, began to quarrel with him as to the manner in which a subordinate was doing his work. Words led to blows, and after a short fight, deceased collapsed and died of emotional trauma of the heart. There were no other witnesses, but the survivor claimed deceased struck the first blow. From an award given by the Workmen's Compensation Board, defendant and its insurer appealed. Held, affirmed. The death arose "out of and in the course of the employment." Commissioner of Taxation …

Workmen's Compensation--"Arising Out Of Employment"--Death Resulting From Voluntarily Arranged Fight, John F. O'Connor S.Ed.

Michigan Law Review

On the first day of his employment as a messenger boy, in the course of being instructed in his duties and shown over his route, the deceased met a fellow employee with whom he voluntarily arranged a fight. There was evidence that the fight was induced by the fellow employee's braggadocio as to his pugilistic ability which culminated in a challenge to the deceased. The encounter took place on a public street. The deceased sustained injuries therefrom which aggravated an existing infirmity and caused his death. From an award of death benefits by the Workmen's Compensation Board, the employer appealed. …

Workmen's Compensation-Previous Impaired Condition As Affecting Basis Of Compensation-Special Fund, Eugene F. Lattin

Michigan Law Review

Claimant suffered accidental injury to his left hand, for which he received compensation. Later he sustained additional injuries to head, ears, left and right hands, and thereby became totally disabled. The State Industrial Commission found that claimant was 75 per cent disabled by reason of the later injury alone. Held, under Oklahoma Workmen's Compensation Law, employer is liable for the degree of disability which would have resulted had there been no previous injury. The Special Indemnity Fund is liable for payment of the balance of the total disability. Special Indemnity Fund v. Wood, 195 Okla. 357, 157 P. …

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris

Michigan Law Review

Claimant suffered a coronary occlusion and as a result was totally disabled, being unable to speak coherently or to understand what was said to him. The State Industrial Board found that the claimant's total disability was the result of accidental injuries which arose out of and in the course of his employment. An award was made. The claimant was incapable of giving testimony and no witness was produced who saw the accident. The referee who heard the claim admitted hearsay testimony to the effect that claimant complained of a heartburn to fellow employees after having lifted and emptied a boiler …

Workmen's Compensation - Admiralty Jurisdiction, Arthur B. Lathrop

Michigan Law Review

The deceased, a structural steelworker, was employed to dismantle an abandoned drawbridge which spanned a navigable river. At the time of the accident, he was examining steel which had been cut from the bridge and lowered into a barge used to haul it to the storage point and from this barge "he either fell or was knocked into the river." The company which employed him was a contributor to the Washington Compensation Fund, a compulsory act for employers engaged in the type of work for which the deceased had been employed. In this proceeding the widow appealed on writ of …

Problems Of Proof In Claims For Recovery For Dermatitis, Louis Schwartz

Michigan Law Review

This article will consider, first, occupational dermatitis, and, second, dermatitis from wearing apparel and cosmetics.

Workmen's Compensation - Injuries "Arising Out Of And In The Course Of Employment'', Brooks F. Crabtree

Michigan Law Review

Plaintiff, an employee in defendant's mill, helped to organize a baseball team among defendant's employees. The defendant furnished the initial equipment for the team at a cost of approximately $450, but thereafter had little to do with controlling its policy or management. Defendant's employees were given no additional compensation or privileges for playing on the team; practice sessions were held after working hours; and all ball games were scheduled on Sundays. Plaintiff was injured in an automobile accident while returning from one of the Sunday games and sued for compensation under the state workmen's compensation act for injuries "arising out …

Injunctions - When Enforcement Of Judgment Will Be Enjoined For Fraud Consisting Of Perjury, Michigan Law Review

Michigan Law Review

Plaintiffs sought a permanent injunction against the procurement by defendant. of a judgment upon a workmen's compensation award, on the ground that defendant had obtained the award through the perjured testimony of himself and his witnesses. The false testimony was claimed to be a fraud upon the department of labor and industry as well as upon the plaintiffs. The lower court dismissed the bill as failing to state a cause of action. Held, dismissal affirmed since perjury is an intrinsic fraud, and equitable relief will not be given. Fawcett v. Atherton, 298 Mich. 362, 299 N. W. 108 …

Conflict Of Laws - Workmen's Compensation - Local Statute As A Defense To A Local Cause Of Action, John C. Johnston

Michigan Law Review

Plaintiff resided and was employed in Texas as the manager of a local store owned by a corporation which operated a chain of stores in various states. While visiting the main office of his employer in Illinois, he was injured through the negligence of the defendant taxicab company. After applying for and receiving compensation from his employer under the Workmen's Compensation Law of Texas, plaintiff then brought action in Illinois against defendant to recover damages for his personal injuries. Under the Workmen's Compensation Act of Texas an employee who has received compensation under the act may bring an action against …

Workmen's Compensation - Injury By Accident - Compensation For A Contagious Disease Contracted From A Fellow Employee, Michigan Law Review

Michigan Law Review

P and X were both employed by D. Their work made it necessary that they be in close proximity to one another. X, who was infected with tuberculosis, frequently coughed in P's face and on one occasion the spray and sputum went into P's face and mouth. Within several months P was forced to leave the employ of D. Applying for relief under the North Carolina Workmen's Compensation Act, P made a showing that he was disabled with tuberculosis, and the Workmen's Compensation Commission, finding that P had been in contact with no other source …

Workmen's Compensation - Injury Or Death Due To Existing Disease Aggravated By Ordinary Work., Michigan Law Review

Michigan Law Review

An employee who suffered from high blood pressure and hardening of the arteries was employed by defendant. After helping another workman unload six hundred sacks of cement weighing ninety-four pounds each in about forty minutes, the employee became ill and suffered a stroke which permanently paralyzed his left limbs. Held, compensation allowed under the Workmen's Compensation Act in spite of the fact that the employee was doing normal work of his employment in the usual way, and that he was at the time in an abnormal physical condition. Lumbermen's Mutual Casualty Co. v. Griggs, 190 Ga. 277, 9 …

Admiralty - Workmen's Compensation - Longshoremen's Act Status Of Worker On Vessel Withdrawn From Navigation But Moving On Navigable Waters, Michigan Law Review

Michigan Law Review

Plaintiff and five others were hired to load a lake freighter with cargo for winter storage. They were hired by the day and none lived aboard the vessel, which had been out of commission for a year. Plaintiff assisted in towing the vessel to the elevator dock and worked on deck while the cargo was being loaded. While shifting the vessel along the dock, plaintiff's hand was crushed in a winch. Plaintiff brought an action at law under the Jones Act. Held, plaintiff is not a seaman within the terms of that act, nor "a member of a crew" …

Workmen's Compensation - Federal Employers' Liability Act - Employment In Interstate Commerce, Michigan Law Review

Michigan Law Review

Plaintiff was an employee of the Boston Terminal Company, defendant, which owned and operated the South Station in Boston. The general employment of the plaintiff consisted of the handling of mail for both interstate and intrastate transportation. He was ordered to load three mail sacks, which included letters from outside the state but the destination of which was wholly within the state, on a train which traveled entirely within the state. While returning to the mail room after loading the three sacks, the plaintiff was injured when the truck he was driving overturned due to his lack of experience in …

Practice And Procedure - General Verdict On Several Counts - Is New Trial Necessary When One Of Two Counts Is Unsupported By Evidence?, Edmund R. Blaske

Michigan Law Review

Plaintiff sued defendant to recover damages arising from personal injuries claimed to have been suffered by him while in the employ of defendant, who was not under the workmen's compensation statute. In the first count of his declaration plaintiff claimed that defendant did not furnish him a safe place in which to work, and in the second count that defendant set him at work on dangerous materials. The jury returned a verdict of "guilty on both counts" and assessed "total damages" at $998.71. The trial court, on a motion for judgment notwithstanding the verdict, ruled that as a matter of …

Workmen's Compensation - Lead Poisoning Contracted By An Automobile Mechanic Not An Occupational Disease - Cancer Contracted By Battery Plant Employee An Occupational Disease, Donald M. Swope

Michigan Law Review

Plaintiff contracted lead poisoning through the gradual daily inhalation of poisonous fumes from a gasoline torch used in his occupation as an automobile mechanic. If the employer had provided another type of gasoline, it appeared that plaintiff's disability would have been avoided. Held, that under these circumstances lead poisoning was not an occupational disease, and plaintiff should be compensated under the Iowa Workmen's Compensation Law. Black v. Creston Auto Co., (Iowa, 1938) 281 N. W. 189.