Workers' Compensation Law Commons^™

Labor Law And Workmen's Compensation -- 1960 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Labor law is concerned with the rules governing the various phases of the employment relation and the activities of employers and labor organizations vis-a-vis such phases. Sometimes such rules are embodied in criminal law or tort law. If the substance of the alleged crime or tort is not directed toward or used in some respects as a regulation of employment or labor relations, it is excluded by the above definition even though some "labor" aspect is prominently identified with the case. For example, during the survey period the Supreme Court of Tennessee decided the case of Smith v. State, affirming …

Remaining Tort Liability Of Employers And Third Parties Under Workmen's Compensation Statutes, Ben F. Loeb, Jr.

Vanderbilt Law Review

Workmen's compensation is a mechanism designed to provide cash benefits to employees to recompense for loss of wages due to injuries sustained in work-connected activities. Theoretically, the cost of the program is charged to the consumer by increasing the price of goods and services sold to the public. An employee, covered by a compensation act, is entitled to payments if he is injured by an accident arising out of and in the course of his employment; and the fact that such employee was at fault or guilty of negligence himself is normally of no consequence.

Compensation benefits, in contrast to …

Labor Law And Workmen's Compensation--1959 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

What is the meaning of the term "actual cash value" in the standard fire policy? The middle section of the court of appeals, following a prior Tennessee case and the weight of authority, held that the phrase is synonomous with "market value" only where the goods are readily replaceable in a current market. Where there is no market, or where the market value is inadequate to properly indemnify the insured, "actual cash value" means the "'value to the owner' or the loss he suffers in being deprived of the goods." Since the goods involved in this case were personal effects, …

Workmen's Compensation And Radiation Injury, Gerald L. Hutton

Vanderbilt Law Review

The utilitarian and research value of radioisotopes, x-ray and fluoroscopic devices, cyclotrons and other particle accelerators, nuclear reactors, and other materials or devices emitting ionizing radiation is unquestioned. Ionizing radiation, however, can prove harmful as well as beneficial depending upon the care which is exercised in its use. Numerous cases of x-ray and radium injuries are reported in the literature, such injuries dating from 1896 when Roentgen first announced the discovery of x-rays. The most publicized cases of radiation injury are those occurring in the radium poisoning or "dial painters" cases in the 1920's. Unlike most noxious materials encountered in …

Labor Law And Workmen's Compensation -- 1958 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

The federal Labor-Management Relations (Taft-Hartley) Act sets forth as a basic right the freedom of choice of covered employees with respect to unionization and the establishment of collective bargaining. While protecting certain concerted activities, this statute makes it unlawful, among other things, for a labor organization to strike or picket for certain proscribed objectives. In this area of regulation (i.e., the purposes of labor combinations and economic pressures) the federal machinery is exclusive to the extent that the necessary relationship to interstate commerce is present and exceptions to coverage are inapplicable. While the Supreme Court of the United States has …

Book Review, Law Review Staff

Vanderbilt Law Review

The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Jurisdiction--Assumption of Personal Jurisdiction over Non-Resident Insurer on the basis of a Single Insurance Contract

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Constitutional Law--Taxation--Tax Immunity of Federal Government not Infringed by Local Taxes upon Possession of Government Property

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Evidence--Hearsay--Utterance of Employee under Emotional Stress Admissible to Establish Scope of Employment and Render Employer Vicariously Liable

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Insurance--Automobile--Duplicating Recoveries allowed under Liability and Medical Payment Clauses of Automobile Liability Insurance Policy

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Insurance--Business Indemnity--Radiation Decontamination Expenses not Recoverable under a Business Interruption Clause

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Insurance--Life--Variable Annuity Contracts not Subject to Regulation by Securities and Exchange Commission

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Physicians--Unprofessional Conduct--Willful Evasion of Federal …

Labor Law And Workmen's Compensation -- 1957 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

The decisions of Tennessee appellate courts during the survey period have dealt extensively with the major area of controversy in current labor relations law--federal preemption.' The number of Tennessee decisions handed down which relate to injunctions restraining directly or indirectly the activities of labor organizations exceeds that in any recent comparable period. Clarification of the law applicable in the courts of the state to such activities, however, has not been achieved through these decisions. Two were reversed subsequently without opinion by the Supreme Court of the United States, and these two reversals, in turn, present serious questions as to the …

Labor Law And Workmen's Compensation -- 1956 Tennessee Survey, Paul H. Sanders, James G. Bowman, Jr.

Vanderbilt Law Review

Labor Law

Inducing Breach of Contract: Howard v. Haven' was the only case during the survey period which presented a legal problem relating to the activities of a labor organization. In this case an electrical contractor sought an injunction and damages because of the acts of a local labor union, its business agent, and other named defendants in preventing the plaintiff from carrying out a hospital construction contract. On the trial of the case the determinative issue became whether or not the defendants brought about a breach of the contract which the complainant claimed to have had with the general …

Labor Law And Workmen's Compensation -- 1955 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

In Stokeley Van Camp, Inc. v. United Packinghouse Workers of America, the company and the union had entered into a collective bargaining agreement under which there were to be no strikes or lock-outs pending the use of the grievance and arbitration procedures provided in the contract. The chancellor enjoined members of the union from participating in a strike, and in such incidental activities as mass picketing, and threatening and intimidating persons seeking to enter and leave the plant. The company's bill and affidavits indicated the existence of a strike with mass picketing and threats of violence. The union did not …

Some Problems Arising Under The Workmen's Compensation Law Of Tennessee, R. Wayne Estes, Doris A. Dudney

Vanderbilt Law Review

Although there are many problems arising under the Workmen's Compensation Laws of Tennessee, it appears that here, as elsewhere, the most difficult questions are those arising out of the interpretation of the phrases "injury by accident," "arising out of," and "in the course of," employment. The present study is therefore limited to a consideration of these three particular problems, and does not purport to be a comprehensive treatment of the entire topic of Workmen's Compensation Law in Tennessee.

Federal Standards In Unemployment Insurance, Frank T. De Vyver

Vanderbilt Law Review

Some of the most vigorous arguments during meetings of the Federal Advisory Council of the Bureau of Employment Security have concerned federal standards.' "Federalizers" was the name attached by industry groups to those advocating change in existing standards, and labor groups strongly denounced industry members of the Council for insisting that existing federal standards are sufficient. Nor did industry members hesitate to condemn the Secretary of Labor, the Director of the Bureau of Employment Security and other Bureau employees for suggesting legislation to strengthen federal standards. Discussions of the subject at Council meetings were never free from emotion. Yet an …

The Guaranteed Annual Wage And Unemployment Compensation, Ernest J. Eberling

Vanderbilt Law Review

The recent demands of the CIO unions for the guaranteed annual wage have aroused considerable interest in this issue among those concerned with labor-management relations. Several factors have accentuated this interest. First, during 1954 when these demands were being pressed with considerable vigor, a recession had developed,resulting in a considerable increase in unemployment levels. Second, these demands were made on mass production industries manufacturing durable goods which are subject to wide variations in demand and output during periods of cyclical change. Third, the recent proposals are taking a form quite different from the existing plans, namely, they propose an integration …

Interstate Aspects Of Unemployment Insurance, Emmett Conner, Charles K. Cosner

Vanderbilt Law Review

State-operated systems of unemployment insurance, first instituted in the United States in Wisconsin in 1932, were set up in all of the states, and in the District of Columbia, Hawaii and Alaska within the two years following the enactment in 1935 of Titles III and IX of the Social Security Act.' Mutual problems of administration and of coordination among the various state programs led to a series of conferences of state officials charged with the operation of the systems. These early conferences were informal in nature, but steps were taken looking toward the creation of a formal organization. With the …

Restitution -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The title, Restitution, is a comparatively new one. Over a period of many years there grew up separately a number of distinct legal and equitable remedies--quasi-contract, constructive trust, equitable lien, reformation, rescission and others. Only recently has it been perceived that a pervading general principle underlies all of these remedies--the principle that "a person who has been unjustly enriched at the expense of another is required to make restitution to the other." Now that these several types of relief are being classed together it is more generally realized that their composite whole involves a very broad field of the law. …

Labor Law And Workmen's Compensation -- 1954 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

Labor Law is best defined, perhaps, as that body of law which is directed toward, and peculiar to, the various incidents of the employer-employee relationship, whether viewed individually or collectively.' In this sense it includes all laws, such as those on workmen's compensation, wages and hours and unemployment insurance, setting forth the rights and limitations of the individual employee as against the employer (directly or indirectly), as well as those concerned with union organizational activity and collective bargaining.

Recent Cases, Law Review Staff

Vanderbilt Law Review

A Commentary on Recent Case Law --By Subject:

Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy

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Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes

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Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay

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Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege

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Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction

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Income Taxation--Deductions--Periodic Alimony Payments

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Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction

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Torts--Dog Bite--Owner's Scienter

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Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease

Workmen's Compensation, John M. Cate

Vanderbilt Law Review

A review of the past year in Workmen's Compensation in Tennessee must of necessity take into account any legislative change in the Compensation Act itself' as well as trends disclosed through the decisions of the courts. The modern development and growth of this new theory, that of liability without fault, make pertinent the inquiry. Although a development of one generation, the theory of Workmen's Compensation is now almost universal in application. Under it, industry bears its fair share of the cost of injuries to workers, without any reference to fault or blame or negligence, where there is a reasonably apparent …

Intervertebral Disc Injuries In Workmen's Compensation, Larry A. Bear

Vanderbilt Law Review

No lawyer regularly involved in workmen's compensation litigation can do a worthwhile job for his client unless he has a comprehensive and intelligent acquaintance with all branches of medicine. In the ordinary course of his practice, the workmen's compensation lawyer must deal with all types of industrial diseases, and even with disorders in the field of neurology and psychiatry.' Familiarity with a variety of medical conditions is made necessary because of such basic medico-legal problems as causation, involving the industrial or non-industrial origin of the disability at issue, dilration and the like. Of all the industrial injuries with which the …

Enforcement In One Jurisdiction Of Right To Compensation Under Workmen's Compensation Act Of Another Jurisdiction, J. L. Boren Jr.

Vanderbilt Law Review

Since the introduction of workmen's compensation laws in this country, problems of conflict of laws have been rife. This condition has continued despite the universal adoption of such legislation, because the enactments of the various states differ. State legislatures have varied as to the bases of coverage written into their statutes. Frequently, the terms of more than one workmen's compensation law express coverage of a particular injury. Consequently, problems of the law applicable to a given injury have arisen in many cases and have been widely treated by legal writers.' It is not the purpose of this Note to delve …

Legal Aspects Of Allergy, Doran E. Perdue

Vanderbilt Law Review

Discussions of allergy have appeared frequently in medical journals and treatises' but only rarely in legal periodicals and treatises. In recent years, however, allergy and problems of hypersensitivity have become increasingly important in law. Whether this is due to the fact that a greater number of persons today are actually allergic because of new products and processes, or whether it is because there is today a better understanding of allergy cannot be categorically stated. Perhaps it would be safe to assume that the increased number of allergy cases is due in some measure to a combination of both causes.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorney and Client--Unauthorized Practice of Law--Drafting of Legal Instruments by Realtors

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Bailments--Bailee for Hire--Validity of Contract Provision Limiting Liability for Negligence

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Brokers (Real Estate)--Statement that Principal Might Take Less than List Price as Breach of Fiduciary Obligation--Breach as Defense to Action for Commission

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Corporations--Preferred Stock--Cancellation of Accrued Dividends by Charter Amendment

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Criminal Law--Evidence--Admissibility of Uncommunicated Threats under Plea of Self-Defense

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Domestic Relations--Consortium Right of Wife to Sue for Loss Due to Negligent Injury to Husband

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Eminent Domain--Lessee as Condemnor--Requirement that Compensation be Given for Improvements to Land Made by Lessee

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Evidence--Unanswered Letters--Admissibility on …

Cross-Examination Of Neuropsychiatric Testimony In Personal Injury Cases, Hubert W. Smith

Vanderbilt Law Review

Trial lawyers are well aware that fully 50 to 60% of all civil litigation involves some claim of physical or psychic disability. Purely physical disabilities are extremely difficult to evaluate but when the allegedly disabling symptoms are of psychic origin, wholly or in part, legal tribunals require the most competent illumination the mental sciences can provide if error and imposition are to be minimized. The purpose of the present presentation is not to impugn the mental sciences but rather to ask whether any astringent principles exist for shrinking extravagant testimony. The intelligent counsel does not aspire to annihilate and atomize …