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- Workmen's compensation (9)
- Liability (3)
- Employee injury (2)
- Negligence (2)
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- Accidental injury (1)
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- Employee injury cases (1)
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- Employment law (1)
- Express warranty (1)
- Fault liability (1)
- Federal preemption (1)
- Indemnification (1)
- Industrial injury (1)
- Injury (1)
- Injury by accident (1)
Articles 1 - 13 of 13
Full-Text Articles in Workers' Compensation Law
Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan
Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan
Michigan Law Review
The increasing use of radioactive materials and radiation-producing devices in industry and elsewhere makes it clear that injuries from exposure to radiation must be anticipated. It becomes relevant, therefore, to inquire into the extent to which the present workmen's compensation statutes will be able to cope with the injuries which may arise from the use of this new source of energy.
Some Recent Developments In The Substantive Law Of Workmen's Compensation, Wex S. Malone
Some Recent Developments In The Substantive Law Of Workmen's Compensation, Wex S. Malone
Vanderbilt Law Review
After setting out the factors which make for change in the compensation structure, the author goes on to discuss three problem areas in which that change is clearly visible: distinguishing between employees and independent contractors, determining tho rights of a borrowed employee, and deciding whether an accident arose out of the employment. He concludes that the law of workmen's compensation is developing in consonance with the social philosophy which underlies it.
Covered Employment And Compensable Injury Concepts In Tennessee, Robert N. Covington
Covered Employment And Compensable Injury Concepts In Tennessee, Robert N. Covington
Vanderbilt Law Review
This article surveys the existing law of Tennessee applicable to the problems of determining what is covered employment and what constitutes a compensable injury. The survey indicates no radical differences between the law of Tennessee and that of most American jurisdictions,although there are a few troublesome problems in particular areas, such as the "Act of God" and "positional risk" cases.
Trial Practice And Tactics In Employee Injury Cases -- The Plaintiff's Viewpoint, Benjamin Marcus
Trial Practice And Tactics In Employee Injury Cases -- The Plaintiff's Viewpoint, Benjamin Marcus
Vanderbilt Law Review
The author, a practitioner with extensive experience in the workmen's compensation field, sets out a number of "do's" and "don't's" for the successful representation of plaintiffs in employee injury cases, especially with regard to the handling of medical evidence. He also points out defects in the existing law, and calls upon the bar to fulfill its social role by supporting remedial legislation.
The General Structure Of Law Applicable To Employee Injury And Death, Ben F. Small
The General Structure Of Law Applicable To Employee Injury And Death, Ben F. Small
Vanderbilt Law Review
The author here shows how the failure of the common law to cope with the problem of industrial injury led to the passage of workmen's compensation legislation. After examining the basic structure of that legislation, he turns to an extensive discussion of the problems of federal preemption and the interrelation of workmen's compensation with other wage loss programs (including a comparison with the British system). In conclusion, he catalogues the criticisms of the present system, and suggests that the area is ripe for further action by the federal government.
Workmen's Compensation And The Social Security Disability Program: A Contrast, Arthur Abraham, Irwin Wolkstein
Workmen's Compensation And The Social Security Disability Program: A Contrast, Arthur Abraham, Irwin Wolkstein
Vanderbilt Law Review
Recently, concern has been expressed that the federal disability insurance program may expand and engulf state workmen's compensation systems; legislation aimed at eliminating this possibility has been introduced in Congress. The authors attempt in this article to shed some light on the controversy; after describing the various disability protection programs, they turn to a detailed discussion of the overlap, interrelationship, and differences between the protection offered by the federal social security and state workmen's compensation programs. They conclude by discussing the arguments which can be made both for and against an "offset" provision in the social security law.
Trial Practice And Tactics In Employee Injury Cases -- The Defendant's Viewpoint, Don M. Jackson
Trial Practice And Tactics In Employee Injury Cases -- The Defendant's Viewpoint, Don M. Jackson
Vanderbilt Law Review
Due to the liberal construction that courts give workmen's compensation statutes, the employer has heavy odds against him in most cases. Nevertheless, the author concludes, defense counsel should not despair. Hard work and proper preparation will still yield handsome rewards, especially in those cases in which the principal issue is the nature and extent of disability.
The Law Of Workmen's Compensation And Employers' Liability: A Selected List Of Materials 1950-1963, Cyril L. Mcdermott
The Law Of Workmen's Compensation And Employers' Liability: A Selected List Of Materials 1950-1963, Cyril L. Mcdermott
Vanderbilt Law Review
Professor McDermott has compiled in this article a comprehensive reference guide to the materials of workmen's compensation law. In addition to general works, current specialized sources are arranged by jurisdiction for easy reference.
Workmen's Compensation -- 1962 Tennessee Survey, J. Gilmer Bowman, Jr.
Workmen's Compensation -- 1962 Tennessee Survey, J. Gilmer Bowman, Jr.
Vanderbilt Law Review
The Tennessee Supreme Court was again faced with a substantial number of workmen's compensation cases during the current survey year. Fewer of the cases than usual were concerned primarily with whether the decision below was supported by sufficient evidence. However, a number of them were illustrative of aspects of the statutory requirement that an employee suffer an injury by accident arising out of and in the course of his employment in order to be eligible for workmen's compensation benefits.
Advocating The Rights Of The Injured, Benjamin Marcus
Advocating The Rights Of The Injured, Benjamin Marcus
Michigan Law Review
When workmen's compensation was first introduced a half century ago, it was felt necessary to cushion the shock in a number of ways. One of these was the idea of a bargain, an exchange, in which the worker, to obtain the new remedy based on liability without fault, gave up his existing remedy, the right to a tort action against his employer for a negligent injury. It is time that the terms of that bargain be re-examined.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Michigan Law Review
It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …
Suicide Under Workmen's Compensation Laws, Thomas J. Scanlon
Suicide Under Workmen's Compensation Laws, Thomas J. Scanlon
Cleveland State Law Review
No jurisdiction allows a death claim for suicide according to the strict definition of the term. When death benefits are paid to a decedent's dependents for death produced by his own hand, the term "self-destruction" rather than suicide is applicable. To allow recovery, all jurisdictions require that the decedent be subject to some mental derangement at the time of the commission of the act. It is the degree of derangement required, the manifestation of it, and the causal relationship of it to the compensable injury which create problems.
Workmen's Compensation--Causal Connection Between Employment Coronary Occlusion, Roy Edward Potter
Workmen's Compensation--Causal Connection Between Employment Coronary Occlusion, Roy Edward Potter
Kentucky Law Journal
No abstract provided.