Workers' Compensation Law Commons^™

Workmen's Compensation—Assemblyman Not An Employee, Ray Green

Buffalo Law Review

Toomey v. New York State Legislature, 2 N.Y.2d 446, 161 N.Y.S.2d 446 (1957).

Workmen's Compensation—Allocation Between Employers Of Compensation Award, Walter Barrett

Buffalo Law Review

Hunt v. Regent Redevelopment Corporation, 3 N.Y.2d 133, 164 N.Y.S.2d 694 (1957).

Workmen's Compensation—Heart Attack—Arising Out Of The Course Of Employment?, Marvin Kantor

Buffalo Law Review

Burris v. Lewis, 2 N.Y.2d 323, 160 N.Y.S.2d 853 (1957).

Workmen's Compensation Law, Donald H. Wollett

Washington Law Review

Covers action against persons whose negligence caused compensable injury or disease and benefit payable under the statute.

Labor Law And Workmen's Compensation -- 1957 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

The decisions of Tennessee appellate courts during the survey period have dealt extensively with the major area of controversy in current labor relations law--federal preemption.' The number of Tennessee decisions handed down which relate to injunctions restraining directly or indirectly the activities of labor organizations exceeds that in any recent comparable period. Clarification of the law applicable in the courts of the state to such activities, however, has not been achieved through these decisions. Two were reversed subsequently without opinion by the Supreme Court of the United States, and these two reversals, in turn, present serious questions as to the …

Workman's Compensation, Jerome Farris, David J. Whitmore

Washington Law Review

Covers cases on the substittion of a personal representative of a deceased claimant (Farris) and on recovery of independent contractors (Whitmore).

Admiralty - Jones Act - Applicability To Dredge Employees As Seaman, Ross Kipka

Michigan Law Review

Petitioner, a laborer, was employed by respondent on a canal digging project. His duties were those of a handyman on respondent's dredge, which was temporarily attached to shore, and his work consisted of carrying supplies from shore to the dredge, cleaning the dredge, and doing errands ashore. The employee was not a member of a maritime union, but was a member of a laborers' union. He lived at home, worked on an eight hour shift, and brought his meals to his place of employment. He was not subject to the supervision of the officer of the dredge but received his …

Workmen's Compensation - Federal Employers' Liability Act - Coverage Under 1939 Amendment, Robert J. Hoerner

Michigan Law Review

In 1956 the Supreme Court handed down two decisions interpreting the 1939 Amendment to the Federal Employers' Liability Act which substantially extended the act's coverage. The purpose of this short comment is to examine this extension and its impact on the perennial controversy between advocates of the FELA on the one hand and workmen's compensation on the other.

Test For Occupational Disease, Vincent P. Furlong

Buffalo Law Review

Dettenbeck v. General Motors, 309 N.Y. 558, 132 N.E.2d 840 (1956).

Medical Witnesses In Workmen's Compensation, Ivan C. Rutledge

Indiana Law Journal

No abstract provided.

Workmen’S Compensation: Immoral Activity As Within Scope Of Employment, Richard O. Robinson

Buffalo Law Review

Wiseman v. Industrial Accident Comm., __ Cal. 2d __, 297 P. 2d 649 (1956).

Workmen’S Compensation—Lunch-Time Injuries On Employer’S Premises, Diane C. Gaylord

Buffalo Law Review

Mack v. Reo Motors, Inc., __ Mich. __, 76 N. W. 2d 35 (1956).

Workmen's Compensation - Requirement Of Causal Connection Between Employment And Injury, Thomas S. Erickson S.Ed.

Michigan Law Review

Plaintiff-employee was compensated for injuries received when she slipped on a patch of ice and fell on defendant-employer's premises while going from her work to eat lunch in defendant's cafeteria. On appeal, held, reversed. At the time of the injury plaintiff was not rendering any service to her employer. There was no causal connection between employment and injury, and the injury did not arise out of and in the course of her employment as required by statute. Mack v. Reo Motors, Inc., 345 Mich. 268, 76 N.W. (2d) 35 (1956).

Miscellaneous—Workmen's Compensation—Non-Scheduled Adjustments, Vincent P. Furlong

Buffalo Law Review

Zielinski v. General Motors Corp., 1 N. Y. 2d 424, 135 N. E. 2d 808 (1956).

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.

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.

Workmen's Compensation—Chairman's Authority—Minimum Fees For Medical Care, Vincent P. Furlong

Buffalo Law Review

Brooklyn Hospital v. Donlon, 309 N. Y. 520, 132 N. E. 2d 489 (1956).

Workmen's Compensation—Test For Occupational Disease, Vincent P. Furlong

Buffalo Law Review

Dettenbeck v. General Motors, 309 N. Y. 558, 132 N. E. 2d 840 (1956).

Labor Law And Workmen's Compensation -- 1956 Tennessee Survey, Paul H. Sanders, James G. Bowman, Jr.

Vanderbilt Law Review

Labor Law

Inducing Breach of Contract: Howard v. Haven' was the only case during the survey period which presented a legal problem relating to the activities of a labor organization. In this case an electrical contractor sought an injunction and damages because of the acts of a local labor union, its business agent, and other named defendants in preventing the plaintiff from carrying out a hospital construction contract. On the trial of the case the determinative issue became whether or not the defendants brought about a breach of the contract which the complainant claimed to have had with the general …

Workman's Compensation, Clarence Shuh

Washington Law Review

Covers cases on causation in heart cases.

Labor Law - Lmra - Deduction Of Workmen's Compensation From Employer's Back Pay Liability, John A. Beach

Michigan Law Review

The National Labor Relations Board found that the Moss Planing Mill Company had committed an unfair labor practice in discharging an employee for his union activities. The company's secretary-treasurer also had battered the employee, inflicting injury, at the time of the discharge. Pursuant to section 10 (c) of the amended National Labor Relations Act, the Board ordered the company to reinstate the employee and make him whole for back pay lost due to the unfair discharge. The order was enforced by the court of appeals. In a supplemental order specifying the amount of back pay to be awarded, the Board …

Workmen’S Compensation: Bar To An Action In Deceit, Vincent Furlong

Buffalo Law Review

Greenwalt v. Goodyear Tire & Rubber Co., __ O. S. __ , 128 N. E. 2d 116 (1955).

Proposed Procedure For Administering Heart Cases Under The Washington Industrial Insurance Act, Ivan C. Rutledge

Washington Law Review

Recent and authoritative medical investigations have convinced qualified cardiologists that the great majority of cardiac patients can perform productive labor without physical harm to themselves. Despite the assurance of cardiologists, many industrial concerns are reluctant to employ workmen suffering from cardiac disorders due to fear of increased industrial insurance costs. The resultant nonemployment of these patients when otherwise employable not only creates needless despair for themselves and their families, but it deprives the industrial community of many skills developed over long years of training. It is the purpose of this article to review the Washington Industrial Insurance Act to determine …

Conflict Of Laws - Full Faith And Credit - Exclusive-Remedy Provision Of Foreign Workmen's Compensation Law, Morton A. Polster S.Ed.

Michigan Law Review

Plaintiff, a resident of Missouri, entered into an employment contract there with a Missouri painting company. He was injured while working in Arkansas on a job his employer had subcontracted from the defendant, a Louisiana contractor. The Missouri employer's insurer voluntarily began weekly payments to the plaintiff pursuant to the Missouri workmen's compensation law, although there had been no formal proceeding or award. Payments under the Missouri act were exclusive of all other rights and remedies. After receiving thirty-four payments, the plaintiff sued the defendant for negligence in the Arkansas courts. The defendant had the case removed to the federal …

Workmen's Compensation - Injury Suffered During Coffee Break As Arising Out Of And In The Course Of Employment, Hazen V. Hatch S.Ed.

Michigan Law Review

Plaintiff was employed by defendant laundry company as a mangle operator. A collective bargaining agreement between the defendant and the union representing its employees provided for two paid ten minute rest periods during the work day. Plaintiff left the defendant's premises during such a rest period and went to a nearby restaurant. On her return she slipped on ice on defendant's front step and was injured." The Department of Labor and Industry found the injury compensable under the Michigan Workmen's Compensation Act. On appeal, held, reversed, two justices dissenting. The place of the injury is not determinative of eligibility …

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?

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—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—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—Reimbursement From Special Fund, Paul A. Foley

Buffalo Law Review

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