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Articles 61 - 82 of 82
Full-Text Articles in Workers' Compensation Law
Workmen's Compensation - Dependents - Children Born After The Injury
Workmen's Compensation - Dependents - Children Born After The Injury
Michigan Law Review
A proceeding was brought under the workmen's compensation act of Virginia by the widow of a deceased employee on behalf of herself and children. Between the date of the injury and death of the employee he became the father of two children for whom compensation is now sought. The Industrial Commission denied them compensation, and in affirming the decision the supreme court held that under the Virginia statutes a person is entitled to compensation only if "dependent at the time of injury," hence the two children are not dependents within the statute and are not entitled to compensation. Hotton, Brown …
Administrative Tribunals -Workmen's Compensation - Scope Of Federal Judicial Review Under Longshoremen's And Harbor Workers' Compensation Act
Michigan Law Review
The recent decision of Crowell v. Benson by the United States Supreme Court throws interesting light on the constitutionality of delegating final fact-finding powers to administrative tribunals. The case arose under the Longshoremen's and Harbor Workers' Compensation Act which gives deputy commissioners full authority to hear and determine all questions in respect to claims for compensation for disability or death resulting from injuries occurring on the navigable waters of the United States/ The act further provides that if the compensation order is "not in accordance with law" it "may be suspended or set aside in whole or in part, through …
Infancy-Effect Of Workmen's Compensation Act On Privilege To Disaffirm
Infancy-Effect Of Workmen's Compensation Act On Privilege To Disaffirm
Michigan Law Review
Plaintiff's decedent, a minor illegally employed, was killed while in the course of employment. As administrator, plaintiff sought to repudiate the award under the Compensation Act. He proceeded with an action at law and obtained a judgment of $20,000. On writ of error, held, judgment reversed without a new trial; the minor, not having elected otherwise, was bound by the terms of the Workmen's Compensation Act. Thomas v. Morton Salt Co., 253 Mich. 613, 235 N.W. 846 (1931).
Workmen's Compensation Acts-Gratuitous Help As Casual Employment
Workmen's Compensation Acts-Gratuitous Help As Casual Employment
Michigan Law Review
The plaintiff, a farmer living by the side of a public highway, went to the assistance of the defendant's truck driver whose truck was mired on the highway. The driver had been instructed to get help. While pulling out the truck with a tractor the plaintiff was injured. Held, the plaintiff was an employee of the defendant, and as such his remedies under the Workmen's Compensation Act were exclusive. Johnson v. Wisconsin Lumber and Supply Co. (Wis. 1931) 234 N.W. 5o6.
Workmen's Compensation Acts-Single Side Venture As A Business Of The Employer
Workmen's Compensation Acts-Single Side Venture As A Business Of The Employer
Michigan Law Review
The plaintiffs, whose regular occupation was that of farming, were under a contract to move a house. The claimant, employed by the plaintiffs to assist in the undertaking (it does not appear whether he was regularly employed by them as a farmhand), was injured when a bridge, over which the house was being moved, fell into the river. Held, the injury was not compensable under the Workmen's Compensation Act since the employment was not "in the course of a trade, business, profession, or occupation'' of the employers. Vandervort v. Industrial Commission (Wis. 1931) 234 N.W. 492.
Malpractice Actions And Compensation Acts, Paul A. Leidy
Malpractice Actions And Compensation Acts, Paul A. Leidy
Michigan Law Review
S, an employee, is injured as the result of the negligence of his employer, M; S is taken for treatment to the office of X, a competent physician or surgeon selected by S or by M; on this particular occasion X is negligent and as a result of X's negligence S's two weeks' injury is aggravated and the period of disability becomes one of two months' duration. At common law, inasmuch as the original injury was one for which M was legally responsible, S could recover from M for the entire disability-that resulting directly from the original negligence of M …
Admiralty-Jurisdiction-Workmen's Compensation
Admiralty-Jurisdiction-Workmen's Compensation
Michigan Law Review
The question of what remedies should be available to maritime workers for injuries in the course of their employment has received much attention from the courts during the last fifteen years. This has resulted in some conflicts of the federal maritime jurisdiction with the jurisdiction of the states, and particularly' with the workmen's compensation acts enacted by them. The history of this situation was reviewed in 27 MICH. L. Rev. 191, December, 1928, in a note by G [errit] D [emmink]. In view of three decisions rendered last spring by the United States Supreme Court, it has seemed well to …
Master And Servant-Tests Of Independent Contract
Master And Servant-Tests Of Independent Contract
Michigan Law Review
The claimant was employed by a dairy company to sell and deliver milk along a defined route, his "payment being in the form of a commission on each bottle sold. He was required to make daily payments in cash for milk and cream sold, but had the privilege of returning unsold milk or cream at the end of each day. Horses and vehicles were hired from the company at a stated price per day. Claimant was injured by a fall from his wagon while making deliveries. The State Industrial Board held him to be a servant and awarded him workmen's …
Venue--Waiver Of Objection In Federal Courts
Venue--Waiver Of Objection In Federal Courts
Michigan Law Review
The plaintiff, a fireman for the defendant railroad, was injured by a defective "chafing-block" while engaged in switching cars onto a siding, in order to permit an interstate train to pass. The injury took place in West Virginia, where the plaintiff was a resident. The defendant was incorporated under the laws of Maryland. Suit was brought in the federal court of the northern district of Ohio. The plaintiff based his right to recover on the Federal Employers' Liability Act, 45 U. S. C. A. sec. 51-59, and the Federal Boiler Inspection Act, 45 U. S. C. A. sec. 22 et …
The Money Value Of A Man
Michigan Law Review
A Review of THE MONEY VALUE OF A MAN By Louis I. Dublin and Alfred J. Lotka.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
"Lightning Cases" Under Workmen's Compensation Acts
"Lightning Cases" Under Workmen's Compensation Acts
Michigan Law Review
A farm hand, sent by his employer to work for a day at a neighbor's farm, was killed by lightning while returning home. At the time of the accident he was driving a team of horses, without a wagon, and was crossing a "high, rocky hill near a wire fence." An award under the Colorado Compensation Act was affirmed by the district court. On appeal from this affirmance, held, by a majority of the court, that "since Oakley's employment required him to be in a position where the lightning struck him, there was a causal relation between employment and …
Conflict Of Laws-Claim Under Compensation Act-Suit In State Other Than That Of Injury
Conflict Of Laws-Claim Under Compensation Act-Suit In State Other Than That Of Injury
Michigan Law Review
Plaintiffs brought suit in the federal court for the southern district of Texas on grounds of diversity of citizenship under the Louisiana Employers Liability Act to recover for the death of their father who had been killed by falling from defendant's dredge upon which he was employed. The contract of employment was made, and the death occurred in Louisiana. The Act is of the "optional" type. It provides that the employer shall, upon the accidental death of an employee in the course of his employment, pay compensation to the employee's dependents. Payment is to be made at periodical intervals for …
Administrative Law-Evidence-Probative Value Of Hearsay Testimony Before Administrative Tribunals
Administrative Law-Evidence-Probative Value Of Hearsay Testimony Before Administrative Tribunals
Michigan Law Review
In the recent case of Lloyd-McAlpine Logging Co. v. Whitefish (Wis. 1926) 206 N. W. 914, the plaintiff brought action to vacate the award of the Industrial Commission in favor of the children of the deceased workman, who was killed in the course of his employment with the plaintiff company. Under the Wisconsin statute (Stat. 1925, sec. 102.11 (3) (c)) in awarding compensation to the children, a showing that they were living with the deceased and that there is no surviving dependent parent, is required. The Commission, on the testimony of a witness whose expressions were mere conclusions, with no …
Insurance-Liability Of Insurance Company For Negligence In Exercising Its Option To Settle Or Defend
Insurance-Liability Of Insurance Company For Negligence In Exercising Its Option To Settle Or Defend
Michigan Law Review
In a recent New Hampshire case, the plaintiff had insured with defendant company against liability for personal injuries to plaintiff's employees not exceeding $5,000.00. The policy under the title of "Service" provided that defendant would investigate all claims and settle them "according to the law". The defendant insurer also agreed to defend such suits as might be brought against plaintiff because of such injuries. One of plaintiff's employees was injured and though he offered to settle for $1,300.00, the defendant refused the offer. Thereupon the employee sued and recovered $13,500.00 in an action defended by defendant company according to their …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Workmen's Compensation Acts--Nature Of Action Thereunder A Propos The Extraterritoriality Question
Workmen's Compensation Acts--Nature Of Action Thereunder A Propos The Extraterritoriality Question
Michigan Law Review
The nature of the right and duty created by Workmen's Compensation Acts has been the subject of considerable discussion by courts and writers, but still defies settlement. The United States district court in Kansas was called upon to decide this question in a recent case involving the application of the Kansas statute of limitations. The court held that an action under the Workmen's Compensation Act was not one entitling the plaintiff to claim the longer period which applied to "an action upon contract, express or implied." Davidson v. Payne, 281 Fed. 544. There is nothing in the nature or …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either …
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Michigan Law Review
The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
Note And Comment, George E. Longstaff, George L. Clark, Edwin D. Dickinson
Note And Comment, George E. Longstaff, George L. Clark, Edwin D. Dickinson
Michigan Law Review
Constitutionality of the LA Follette Amendment to the Internal Revenue Law of 1921 - The United States Senate on November 5, 1921, inserted in the Revenue Act, then before the Senate, a provision that taxpayers in their income tax returns must specify what state and municipal bonds they hold, or else be subject to a penalty of five per cent. That provision was dropped out in conference, but it will come up again, and it is well to look at its constitutionality under the Fourth Amendment to the Constitution prohibiting unreasonable searches.