Workers' Compensation Law Commons^™

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

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.

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

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

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

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

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.

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

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.

Agency -- 1961 Tennessee Survey (Ii), W. Harold Bigham

Vanderbilt Law Review

I. Employee and Independent Contractor Distinguished

During the abbreviated survey period there were no significant or momentous decisions by Tennessee courts--state or federal--involving agency principles. Indeed the only state appellate case properly to be considered here involved the rather pedestrian question of whether a petitioner for workmen's compensation benefits was, vis-a-vis the defendant prime contractor, an employee or an independent contractor.

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II. Misrepresentations of Agent

Butts v. Colonial Refrigerated Transportation, Inc. is merely another example of the Sixth Circuit's unfortunate proclivity for writing per curiam affirmances. It is well-nigh impossible to determine whether the liability of the defendant which …

Workmen's Compensation -- 1961 Tennessee Survey (Ii), J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Since the workmen's compensation statute was designed to provide benefits for an employee's work-connected injury or death, it necessarily follows that there must have been an employment relationship within the coverage of the statute and that the person or persons claiming the benefits must be within the class entitled to do so. The application of this basic premise, which on its face appears simple enough, was involved in three cases before the Tennessee Supreme Court during the survey period.

Bowling v. Whitley was a workmen's compensation suit brought by an employee against his immediate employer, a subcontractor, as well as …

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 …

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.

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.

Workmen's Compensation -- 1961 Tennessee Survey, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Two bills amending the Workmen's Compensation Law' were enacted during the survey year. The first placed a limit of $12,500 on compensation payable for any permanent partial injury, not limited to those set forth in the schedule. It also added the following self-explanatory sentence to the first paragraph of section 50-1027, Tennessee Code Annotated: To receive benefits from the Second Injury Fund, the injured employee must be the employee of an employer who has properly insured his workmen's compensation liability or has qualified to operate under the Tennessee Workmen's Compensation Law as a self-insurer. The second amendment changed the definition …

Cardiac Victims And Workmen's Compensation, Thomas L. Jones

Kentucky Law Journal

No abstract provided.

The Kentucky Workmen's Compensation Act: Employee V. Independent Contractor, Richard W. Spears

Kentucky Law Journal

No abstract provided.

Processing A Workmen's Compensation Case, Herbert L. Segal

Kentucky Law Journal

No abstract provided.

Occupational Disease: Interpretation And Need For Statutory Revision Of The Illinois, Indiana And Kentucky General Definition, J. William Howerton

Kentucky Law Journal

No abstract provided.

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 …

An Analysis Of The 1960 Amendments To The Kentucky Workmen's Compensation Law, Herbert L. Segal

Kentucky Law Journal

No abstract provided.

The Kentucky Occupational Disease Act: Nature And Conditions Of Employment, Leslie D. Aberson

Kentucky Law Journal

No abstract provided.

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, …

Traumatic Personal Injury: A Discussion Of The 1956 Amendment To The Kentucky Workmen's Compensation Act, H. Wendell Cherry

Kentucky Law Journal

No abstract provided.

An Historical Analysis Of The Kentucky Workmen's Compensation Law, Herbert L. Segal

Kentucky Law Journal

No abstract provided.

Workmen's Compensation--The "Going And Coming" Rule And Its Exceptions In Kentucky, Richard D. Cooper

Kentucky Law Journal

No abstract provided.

Workmen's Compensation--Arising Out Of And In The Course Of Employment, Richard D. Cooper

Kentucky Law Journal

No abstract provided.

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. …