Workers' Compensation Law Commons^™

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).

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

Buffalo Law Review

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

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 …

Workmen's Compensation, Anon

Washington Law Review

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

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

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. De Vyver

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

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

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

Buffalo Law Review

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

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 …

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

Kentucky Law Journal

No abstract provided.

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 …

Workmen's Compensation - Injuries Arising Out Of And In The Course Of Employment - Employer Furnishing Transportation And Employee Carrying Work To Do At Home As Exceptions To Coming And Going Rule, James W. Beatty S.Ed.

Michigan Law Review

Decedent, a member of the Public Service Commission, was fatally injured in an accident while traveling between his place of employment and his home. He was driving an automobile furnished by the state, which bore the expenses of maintenance and operation. Decedent had with him certain files to work on at his home, his custom being to devote a part of each weekend to matters connected with his employment. Plaintiff as widow brought an action for death benefits under the Workmen's Compensation Act. The Workmen's Compensation Commission entered an award for the plaintiff. On appeal by the state, held, …

Workmen's Compensation—Computation Of Award: Actual Earnings, Morton Mendelsohn

Buffalo Law Review

Croce v. Ford Motor Co., 307 N. Y. 125, 120 N. E. 2d 527 (1954).

Workmen's Compensation—Contribution By Prior Employers, Morton Mendelsohn

Buffalo Law Review

Meszaros v. Goldman, Braunstein v. General Marine Repair, 307 N. Y. 296, 121 N. E. 2d 232 (1954).

Workmen's Compensation—Course Of Employment, Morton Mendelsohn

Buffalo Law Review

Penzara v. Maffia Bros., 307 N. Y. 218, 120 N. E. 2d 796 (1954); Congdon v. Klett, 307 N. Y. 15, 119 N. E. 2d 570 (1954); Perry v. Town of Cherry Valley, 307 N. Y. 427, 121 N. E. 2d 402 (1954).

Workmen's Compensation—Aggravation Of Injuries, Morton Mendelsohn

Buffalo Law Review

Sullivan v. B & A Const., Inc., 307 N. Y. 161, 120 N. E. 2d 694 (1954).

Workmen's Compensation—Intermittent Employment, Morton Mendelsohn

Buffalo Law Review

Russomanno v. Leon Decorating Co., 306 N. Y. 521, 119 N. E. 2d 367 (1954).

Restitution -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The title, Restitution, is a comparatively new one. Over a period of many years there grew up separately a number of distinct legal and equitable remedies--quasi-contract, constructive trust, equitable lien, reformation, rescission and others. Only recently has it been perceived that a pervading general principle underlies all of these remedies--the principle that "a person who has been unjustly enriched at the expense of another is required to make restitution to the other." Now that these several types of relief are being classed together it is more generally realized that their composite whole involves a very broad field of the law. …

Labor Law And Workmen's Compensation -- 1954 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

Labor Law is best defined, perhaps, as that body of law which is directed toward, and peculiar to, the various incidents of the employer-employee relationship, whether viewed individually or collectively.' In this sense it includes all laws, such as those on workmen's compensation, wages and hours and unemployment insurance, setting forth the rights and limitations of the individual employee as against the employer (directly or indirectly), as well as those concerned with union organizational activity and collective bargaining.

Workmen's Compensation, Jack Ruegg

Washington Law Review

Covers cases on a wife's loss of consortium under destruction of common law remedies, on the limitation of the time to file a claim related to a doctor's duty to inform an injured worker of his rights, and on the immunity provision of an employer that has no employees and the right to subscribe to benefits.

Recent Cases, Law Review Staff

Vanderbilt Law Review

A Commentary on Recent Case Law --By Subject:

Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy

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Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes

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Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay

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Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege

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Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction

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Income Taxation--Deductions--Periodic Alimony Payments

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Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction

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Torts--Dog Bite--Owner's Scienter

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Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease

Personal Injury Actions And Immunities Under The Workmen's Compensation Act, Hugh Mcgough

Washington Law Review

The purpose of this article is to examine the extent to which the personal injury action can now be utilized to recover damages for injuries connected with employment in the State of Washington. The first inquiry will be into the scope of the Workmen's Compensation Act; the second into actions reserved or created by the act.

Workmen's Compensation - Injuries At Home Arising Out Of And In The Course Of Employment, Arthur M. Wisehart S.Ed.

Michigan Law Review

Plaintiff was employed as defendant's bookkeeper. With the consent of the employer, she had done all of the bookkeeping at home for several years. As she was about to start her work one night, plaintiff discovered that her husband's oily rifle was lying on the couch where she usually sat. In picking up the rifle to move it to its proper place in the closet, plaintiff accidentally fired the gun, causing an injury which resulted in the amputation of her left thumb. The lower court decided that the injury was one arising out of and in the course of plaintiff's …

Workmen's Compensation--What Are "Principal Contractors"?, P. Joan Skaggs

Kentucky Law Journal

No abstract provided.

Workmen's Compensation--Effect Of Transfer Of Business Without Notice, Dianne Mckaig Walden

Kentucky Law Journal

No abstract provided.

Workmen’S Compensation—Distance Requirement Held Determinative Of Re-Entry Into Course Of Employment, J. A. Guzzetta

Buffalo Law Review

Carner v. Sears, Roebuck & Co., __ Mich. __ 59 N. W. 2d 263 (1953).