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Workers' Compensation Law Commons

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Articles 31 - 42 of 42

Full-Text Articles in Workers' Compensation Law

Workmen's Compensation And Heart Attacks, Richard W. Dunn Jan 1962

Workmen's Compensation And Heart Attacks, Richard W. Dunn

Cleveland State Law Review

The basis for granting and denial of compensation for heart attacks in the several states runs the gamut from common-sense reasoning to arbitrary adherence to rigid construction of the compensation statutes. To add to the difficulty as to the compensability of a heart attack injury, the courts must first resolve the question as to whether or not the injury or death was incurred in the course of employment. This issue in and of itself ofttimes poses questions that are sufficient to tax even the most adept legal minds. In cases involving heart attacks the courts are additionally burdened by having …


European View Of Heart Attack Compensation, Pieter J. Hoets Jan 1962

European View Of Heart Attack Compensation, Pieter J. Hoets

Cleveland State Law Review

This article gives a comparison of different European views on heart attack compensation. The author choose to analyze the views of Germany, The Netherlands, and France.


Ohio's Workmen's Compensation Law, Thomas P. Mcintyre Jan 1962

Ohio's Workmen's Compensation Law, Thomas P. Mcintyre

Cleveland State Law Review

In 1911, workmen's compensation originated in Ohio and it was called the "Employer's Liability Act" with the employers contributing 90% and the employees contributing 10%. The purpose of the act was to provide compensation for loss resulting from disability or death of a workman from industrial accidents or disease without regard to negligence and fault.


Heart Attack As Compensable Injury, Marvin D. Silver Jan 1962

Heart Attack As Compensable Injury, Marvin D. Silver

Cleveland State Law Review

The original intention of the author was to propose the idea that a heart attack might be compensable as an occupational disease. However, after extensive research and deliberation, it appears evident that the universally accepted construction and interpretation of the term "occupational disease" is invulnerable to the inclusion therein of the heart attack incident.


Traumatic Cancer In Workmen's Compensation, James T. March Jan 1962

Traumatic Cancer In Workmen's Compensation, James T. March

Cleveland State Law Review

It is difficult today to prove a relation between single trauma and cancer in workmen's compensation, except in isolated cases. The possibility now seems to exist, however, in view of numerous recent decisions, that more and more of these claims will be allowed in the near future, and that more awards of compensation will be sustained.


Combating The Traumatic Effects Of Industrial Noise, W. F. Scholtz Jan 1958

Combating The Traumatic Effects Of Industrial Noise, W. F. Scholtz

Cleveland State Law Review

Today's increased interest in factory noise is partly created by the fact that exposure to sound under certain conditions may cause hearing impairment. This interest has been reflected in both management and labor circles. The seriousness of the problem is evidenced by a sudden increase in the number of claims filed for industrial hearing loss, presumably caused by exposure to high intensity sound. Unfortunately, major uncertainties exist, making the establishment of standardized tests and measurements difficult. Allison Chalmers Manufacturing Company and competent medical authorities have done a great deal of valuable preliminary study, making it possible to set tentative standards …


Occupational Dermatitis In Railroad Cases, Howard L. Oleck, Elmer I. Schwartz Jan 1958

Occupational Dermatitis In Railroad Cases, Howard L. Oleck, Elmer I. Schwartz

Cleveland State Law Review

Employers today must be presumed to know of the dangerous nature of many chemicals which produce contact dermatitis, as well as respiratory and other injuries. Among the known-to-be-dangerous substances are such things as chrome compounds, lead compounds, petroleum compounds, and many others. The danger of sensitization by these substances also must be presumed to be known. It follows that an employer is legally bound to take all reasonable possible precautions to protect his workers from such injuries. Whether or not he has taken adequate precautions is a question of fact, for the jury. If he has taken no special precautions, …


Medicolegal Aspects Of Industrial Noise, Meyer S. Fox Jan 1958

Medicolegal Aspects Of Industrial Noise, Meyer S. Fox

Cleveland State Law Review

Occupational hearing loss may be defined as a hearing impairment in one or both ears, partial or complete, arising in, during the course of, or as the result of one's employment. It can occur suddenly as the result of one's employment. It can occur suddenly as the result of a traumatic injury, intense blasts or explosions, or gradually due to prolonged exposure to excessive noise levels. Hearing losses resulting from blows, blasts, or explosions, as well as from foreign objects and burns, have usually been compensated under schedule of accidental injuries. Industrial noise hearing loss is the accumulative loss of …


Occupational Dermatitis And Dermatitis From Cosmetics And Fabrics - Medico-Legal Aspects, Louis Schwartz Jan 1958

Occupational Dermatitis And Dermatitis From Cosmetics And Fabrics - Medico-Legal Aspects, Louis Schwartz

Cleveland State Law Review

Diseases of the skin are the most frequent of all occupational diseases. They constitute about two-thirds of all occupational diseases reported to compensation boards. This follows logically from the fact that the skin is the largest and most external organ of the body and hence has the most contact with environmental irritant and toxic substances. According to government statistics, it has been estimated that the monetary loss per year from occupational skin diseases is more than 100 million dollars. members of the legal profession having clients, either claimants or defendants, in cases involving compensation should have some basic knowledge of …


Book Review, Paul E. Jacobs Jan 1957

Book Review, Paul E. Jacobs

Cleveland State Law Review

Reviewing Richard F. Gonda, J. Arlen Marsh and Ivan W. Louis, eds., 565 Industrial Compensation Cases, Industrial Publ. Corp.


Industrial Noise Causing Acoustic Trauma, Heinz Gasser Jan 1956

Industrial Noise Causing Acoustic Trauma, Heinz Gasser

Cleveland State Law Review

Is acoustic trauma an accident, and do the Workmen's Compensation Statutes thus save the employer from being sued in Common Law? Or is it considered an occupational disease, and thus not within the Acts?


What Constitutes Covered Employment Within The Contemplation Of The Ohio Workmen's Compensation Act, Harry Kottler Jan 1953

What Constitutes Covered Employment Within The Contemplation Of The Ohio Workmen's Compensation Act, Harry Kottler

Cleveland State Law Review

Workmen's compensation acts have been generally interpreted in three ways: first, as the substitution of a statutory tort for a common law tort; second, as the regulation of the relationship between employer and employee, which is primarily contractual in character; third, as the creation of a new statutory relation between master and servant, the chief incident of which is to impose upon the master financial responsibility for certain risks of service. While these represent the underlying legal philosophies in the enactment of workmen's compensation laws, the desiderata in enactment of workmen's compensation laws vary from state to state, and for …