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Workers' Compensation Law Commons

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Articles 1 - 23 of 23

Full-Text Articles in Workers' Compensation Law

Workmen's Compensation—Hearsay Evidence, Paul A. Foley Oct 1955

Workmen's Compensation—Hearsay Evidence, Paul A. Foley

Buffalo Law Review

Doca v. Federal Stevedoring Co., 308 N. Y. 44, 123 N. E. 2d 632 (1954).


Workmen's Compensation—Suicide, Paul A. Foley Oct 1955

Workmen's Compensation—Suicide, Paul A. Foley

Buffalo Law Review

Graham v. Nassau & Suffolk Lighting Co ., 308 N. Y. 140, 123 N. E. 2d 813 (1954).


Workmen's Compensation—Reimbursement From Special Fund, Paul A. Foley Oct 1955

Workmen's Compensation—Reimbursement From Special Fund, Paul A. Foley

Buffalo Law Review

Mastrodonato v. Pfaundler Co., 307 N. Y. 592, 123 N. E. 2d 83 (1954).


Workmen's Compensation—Medical Opinion Evidence, Paul A. Foley Oct 1955

Workmen's Compensation—Medical Opinion Evidence, Paul A. Foley

Buffalo Law Review

Riehl v. Town of Amherst, 308 N. Y. 212, 124 N. E. 2d 287 (1954).


Workmen's Compensation—Statute Of Limitations, Paul A. Foley Oct 1955

Workmen's Compensation—Statute Of Limitations, Paul A. Foley

Buffalo Law Review

Cook v. Buffalo General Hospital, 308 N. Y. 480, 127 N. E. 2d 66 (1955).


Workmen's Compensation—Res Judicata, Paul A. Foley Oct 1955

Workmen's Compensation—Res Judicata, Paul A. Foley

Buffalo Law Review

Weiss v. Franklin Square & Munson Fire Dist, 309 N. Y. 52, 127 N. E. 2d 804 (1955).


Workmen's Compensation—Silicosis—Date Of Disability, Paul A. Foley Oct 1955

Workmen's Compensation—Silicosis—Date Of Disability, Paul A. Foley

Buffalo Law Review

Dunleavy v. Walsh, Connelly, Senior & Palmer, 309 N. Y. 8, 127 N. E. 2d 727 (1955).


Workmen's Compensation—Educational Corporation Employees, Paul A. Foley Oct 1955

Workmen's Compensation—Educational Corporation Employees, Paul A. Foley

Buffalo Law Review

Knapp v. Syracuse University, 308 N. Y. 274, 125 N. E. 2d 425 (1955).


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

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 …


Pauly V. King [Dissent], Jesse W. Carter Jun 1955

Pauly V. King [Dissent], Jesse W. Carter

Jesse Carter Opinions

A contractor and subcontractor were not liable for injuries sustained in a fall by another subcontractor's roofing employee who failed to exercise reasonable care, and a new trial was not warranted because jury instructions were unambiguous.


Subsequent Injuries Fund V. Industrial Acci. Com. [Dissent], Jesse W. Carter May 1955

Subsequent Injuries Fund V. Industrial Acci. Com. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Where a preexisting condition was aggravated, a commission should have rated the combined disability and then assigned a proportion of the combined disability to the later injury and a correlative proportion to the preexisting disability.


Workmen's Compensation, Anon May 1955

Workmen's Compensation, Anon

Washington Law Review

Coves a case on whether a nonresident motor carrier is covered by the Workmen's Compensation Act.


Smith V. Industrial Acci. Com. [Dissent], Jesse W. Carter Apr 1955

Smith V. Industrial Acci. Com. [Dissent], Jesse W. Carter

Jesse Carter Opinions

An applicant was entitled to additional compensation for a permanent disability injury even though he had already received a permanent disability injury because the labor code was liberally interpreted to extend its benefit to the applicant.


Austin V. Riverside Portland Cement Co., Jesse W. Carter Apr 1955

Austin V. Riverside Portland Cement Co., Jesse W. Carter

Jesse Carter Opinions

Company's duty of care to independent contractor's injured employees was that of an invitee because the company chose not to de-energize the power lines near where the employees were required to work at night.


Some Problems Arising Under The Workmen's Compensation Law Of Tennessee, R. Wayne Estes, Doris A. Dudney Apr 1955

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.


Workmen's Compensation - Traumatic Neurosis Without Physical Injury, Irving L. Halpern Apr 1955

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 …


Federal Standards In Unemployment Insurance, Frank T. Devyver Feb 1955

Federal Standards In Unemployment Insurance, Frank T. Devyver

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 Feb 1955

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 Feb 1955

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 …


Workmen’S Compensation—Assault By Co-Employee, Paul. A. Foley Jan 1955

Workmen’S Compensation—Assault By Co-Employee, Paul. A. Foley

Buffalo Law Review

Cierpal v. Ford Motor Co, __ N. J. Misc. __, 107 A. 2d 61 (1954).


Workmen's Compensation For Maritime Employees: Obscurity In The Twilight Zone, Robert E. Rodes Jan 1955

Workmen's Compensation For Maritime Employees: Obscurity In The Twilight Zone, Robert E. Rodes

Journal Articles

As late as 1893, state courts were not required to apply federal maritime law to common-law proceedings involving maritime subjects; each jurisdiction developed, somewhat incidentally, its own system of substantive law. The elimination of the general maritime law as an inhibition on state regulation of the employment relationship would have resulted in the complete debilitation of the Longshoremen's Act, since state law could "validly" be applied in the whole field. The judiciary's interest shifted towards according the injured worker and his family adequate means of availing themselves of the compensatory relief that is provided by federal and state governments. The …


Administrative Law--Scope Of Judicial Review Under The Kentucky Workmen's Compensation Law, Conley Wilkerson Jan 1955

Administrative Law--Scope Of Judicial Review Under The Kentucky Workmen's Compensation Law, Conley Wilkerson

Kentucky Law Journal

No abstract provided.


Workmen's Compensation - Injury "Arising Out Of" The Employment - Increased Risk As An Exception To Common Hazard Rule, Howard M. Downs Jan 1955

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 …