Workers' Compensation Law Commons^™

Workmen's Compensation, John M. Cate

Vanderbilt Law Review

A review of the past year in Workmen's Compensation in Tennessee must of necessity take into account any legislative change in the Compensation Act itself' as well as trends disclosed through the decisions of the courts. The modern development and growth of this new theory, that of liability without fault, make pertinent the inquiry. Although a development of one generation, the theory of Workmen's Compensation is now almost universal in application. Under it, industry bears its fair share of the cost of injuries to workers, without any reference to fault or blame or negligence, where there is a reasonably apparent …

Workmen's Compensation—Employees In Dual Activity, Gordon F. Crandall

Washington Law Review

The recent case of Muck v. Snokomish County PUD presented an issue involving the compulsory coverage of the Industrial Insurance Act, more commonly known as Workmen's Compensation, which has been a confusing question in several other cases, and does not yet seem to be finally resolved. There an employee was a sales manager for an electrical appliance store, and his occupation as such did not bring him under the compulsory provisions of the Act. No industrial insurance premiums were paid for his time. On the day of his death, he accompanied the serviceman to a customer's house where they were …

Worker's Compensation, Conflict Of Laws And The Constitution, Clyde W. Wellen

West Virginia Law Review

No abstract provided.

Workmen's Compensation--Silicosis--Application For Benefits, C. F. S. Jr.

West Virginia Law Review

No abstract provided.

Intervertebral Disc Injuries In Workmen's Compensation, Larry A. Bear

Vanderbilt Law Review

No lawyer regularly involved in workmen's compensation litigation can do a worthwhile job for his client unless he has a comprehensive and intelligent acquaintance with all branches of medicine. In the ordinary course of his practice, the workmen's compensation lawyer must deal with all types of industrial diseases, and even with disorders in the field of neurology and psychiatry.' Familiarity with a variety of medical conditions is made necessary because of such basic medico-legal problems as causation, involving the industrial or non-industrial origin of the disability at issue, dilration and the like. Of all the industrial injuries with which the …

Enforcement In One Jurisdiction Of Right To Compensation Under Workmen's Compensation Act Of Another Jurisdiction, J. L. Boren Jr.

Vanderbilt Law Review

Since the introduction of workmen's compensation laws in this country, problems of conflict of laws have been rife. This condition has continued despite the universal adoption of such legislation, because the enactments of the various states differ. State legislatures have varied as to the bases of coverage written into their statutes. Frequently, the terms of more than one workmen's compensation law express coverage of a particular injury. Consequently, problems of the law applicable to a given injury have arisen in many cases and have been widely treated by legal writers.' It is not the purpose of this Note to delve …

Book Reviews, Mortimer Schwartz, Reginald Parker, John A. Bauman, Francis X. Dwyer, Maurice S. Culp, Alexander Holtzoff

Journal of Legal Education

No abstract provided.

Workmen's Compensation-Liability Of Employer To Third Partysustaining Loss Through Injury To Employee Receiving Compensation.[New Jersey]

Washington and Lee Law Review

No abstract provided.

Workmen's Compensation-Injury Inflicted On Employee By Assault Of Fellow Worker As "Arising Out Of The Employment."[Mississippi]

Washington and Lee Law Review

No abstract provided.

Workmen's Compensation In Kentucky, Lucian H. Carter, Kermit Patterson

Kentucky Law Journal

No abstract provided.

What Constitutes Covered Employment Within The Contemplation Of The Ohio Workmen's Compensation Act, Harry Kottler

Cleveland State Law Review

Workmen's compensation acts have been generally interpreted in three ways: first, as the substitution of a statutory tort for a common law tort; second, as the regulation of the relationship between employer and employee, which is primarily contractual in character; third, as the creation of a new statutory relation between master and servant, the chief incident of which is to impose upon the master financial responsibility for certain risks of service. While these represent the underlying legal philosophies in the enactment of workmen's compensation laws, the desiderata in enactment of workmen's compensation laws vary from state to state, and for …

Conflict Of Laws-Full Faith And Credit As Applied To Statutes, George D. Miller, Jr. S.Ed.

Michigan Law Review

While the full faith and credit clause of the Constitution makes no apparent distinction between judgments and public acts, it is clear that statutes have not been afforded the same degree of full faith and credit as judgments. Whether or not a statute will receive full faith and credit has been questionable in most cases, and serious problems of prediction still arise.

Admiralty-Duration Of Duty To Provide Maintenance And Cure, R. B. Barnett

Michigan Law Review

Libelant, while employed as engineer on a vessel operated by the United States, suffered a heart attack. He was paid maintenance and cure from May 31, 1946, when he was discharged from the hospital, until May 26, 1947. This action was brought to recover maintenance and cure from that date until March 25, 1951, when he returned to work, less two periods during which he had been employed for 60 and 93 days. Since April 1947, libelant had received treatment consisting of sedatives and medications designed to relieve chest pains and other discomforts. It was acknowledged there had been little …

Workmen’S Compensation: Injury From Assault Held To Be Out Of And In The Course Of The Employment, Sheldon Hurwitz

Buffalo Law Review

Brookhaven Steam Laundry v. Watts, __ Miss. __ , 55 So. 2d 381 (1951).

Legal Aspects Of Allergy, Doran E. Perdue

Vanderbilt Law Review

Discussions of allergy have appeared frequently in medical journals and treatises' but only rarely in legal periodicals and treatises. In recent years, however, allergy and problems of hypersensitivity have become increasingly important in law. Whether this is due to the fact that a greater number of persons today are actually allergic because of new products and processes, or whether it is because there is today a better understanding of allergy cannot be categorically stated. Perhaps it would be safe to assume that the increased number of allergy cases is due in some measure to a combination of both causes.

Workmen's Compensation Act—Immunity Of Third Party Employer, Richard M. Oswald

Washington Law Review

D, a foreign corporation engaged in manufacturing chemicals, sold to X scrap iron including a coil of pipe which D had used in its business. P, an employee of a salvage dealer, was ordered by his employer to pick up the scrap iron at X's yard. In order to place the coil of pipe in proper position on his truck, P struck the pipe with a maul, the force of the blow causing a corrosive substance to issue from the pipe and injure P. Instead of taking compensation under the Workmen's Compensation Act, P elected to sue the tortfeasor. Judgment …

Admiralty-Maintenance And Cure, Donald S. Leeper S.Ed.

Michigan Law Review

The recent decision of Warren v. United States marks another instance of the growing interest of the Supreme Court in the remedies given injured seamen. The right of the seaman to maintenance and cure can be found in the earliest formulations of a law of the sea and is present in our admiralty law today. The ancient terminology is still used but the tendency is to construe the language liberally in favor of the seaman.

This comment is intended as a short survey of the development of the remedy in this country as represented by the landmark cases. It will …

Workmen's Compensation, Lamar W. Sizemore, Robert E. Hicks

Mercer Law Review

The decisions in the field of workmen's compensation during the survey period represent no significant change in, or departure from, existing law. The volume of cases decided in the appellate courts of Georgia during the year covered is less by one-third than the number in the previous corresponding period. The author of last year's survey' on -this subject reviewed the workmen's compensation statutes and the principal decisions which serve as landmarks and guideposts through this somewhat special and ever-expanding field of law; it is, therefore, deemed appropriate only to supplement last year's exhaustive survey with those decisions which represent developments …

Conflict Of Laws-Enforcement Of Foreign Claims For Taxes And Workmen's Compensation Premiums, C. J. Rice S. Ed.

Michigan Law Review

By reason of work done in Ohio, defendant-employer came within the provisions of that state's compulsory workmen's compensation law. The State of Ohio sought to collect insurance premiums due the state fund by an action brought in a Kentucky court. Defendant demurred on the ground that the claim was in the nature of one for taxes, and hence unenforceable extraterritorially. On appeal from an order sustaining the demurrer, held, reversed. Regardless of whether or not the claim for premiums can be classified as one for taxes, Kentucky courts may act as forums for the collection of foreign tax claims. …

A New Tribunal Of The State Of Washington, Ivan C. Rutledge

Washington Law Review

An important part of the business of the state of Washington is the insurance of employees against industrial accident and disease. The premiums paid by employers covered by the industrial insurance laws now support awards for disability and death amounting to some eleven million dollars a year. The attorney general employs ten or twelve attorneys full time to represent the state in cases involving the Department of Labor and Industries. Not counting the expense borne by the courts, the 1951 legislature appropriated approximately $868,000 for litigation costs for the biennium. A new state agency has been created to review the …

Workmen's Compensation: Who Is The Employer?, George E. Saliba

Mercer Law Review

In construing workmen's compensation statutes, problems which are perhaps as perplexing as the problems connected with the "arising out of and in the course of employment" test are the cases which have for determination the question of who is the employer within the meaning of the acts. This is particularly true where the controversies involve lessees and other contractors. In applying the statute to the recent case of Continental Oil Co. v. Sirhall, the Colorado court held that a filling station attendant, who was hired, paid and under the exclusive direction and control of the lessee-operator of …

Workmen’S Compensation—Injuries Arising Out Of And In Course Of Employment—When Does Horseplay Amount To Abandonment Of Employment?, Philip A. Erickson

Buffalo Law Review

Matter of Burns v. Merritt Engineering Co., 302 N.Y. 131, 96 N. E. 2d 739 (1951).

Administrative Law—Workmen’S Compensation—"Accidental Injury" As A Question Of Fact, Robert B. Fleming

Buffalo Law Review

Broderick v. Liebmann Breweries, 277 App. Div. 422, 100 N. Y. S. 837 (3d Dept. 1950)

Workmen's Compensation-Remedies Of Employer Or Insurer Against Third Party Causing Injury To Employee [United States Casualty Co. V. Hercules Powder Co., N. J. 195o]

Washington and Lee Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorney and Client--Unauthorized Practice of Law--Drafting of Legal Instruments by Realtors

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Bailments--Bailee for Hire--Validity of Contract Provision Limiting Liability for Negligence

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Brokers (Real Estate)--Statement that Principal Might Take Less than List Price as Breach of Fiduciary Obligation--Breach as Defense to Action for Commission

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Corporations--Preferred Stock--Cancellation of Accrued Dividends by Charter Amendment

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Criminal Law--Evidence--Admissibility of Uncommunicated Threats under Plea of Self-Defense

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Domestic Relations--Consortium Right of Wife to Sue for Loss Due to Negligent Injury to Husband

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Eminent Domain--Lessee as Condemnor--Requirement that Compensation be Given for Improvements to Land Made by Lessee

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Evidence--Unanswered Letters--Admissibility on …

Workmen's Compensation-Injury In Fight As Arising Out Of And In The Course Of The Employment, Philip G. Meengs

Michigan Law Review

Deceased was employed by defendant as an engineer and, while waiting to relieve the engineer then on duty, began to quarrel with him as to the manner in which a subordinate was doing his work. Words led to blows, and after a short fight, deceased collapsed and died of emotional trauma of the heart. There were no other witnesses, but the survivor claimed deceased struck the first blow. From an award given by the Workmen's Compensation Board, defendant and its insurer appealed. Held, affirmed. The death arose "out of and in the course of the employment." Commissioner of Taxation …

Cross-Examination Of Neuropsychiatric Testimony In Personal Injury Cases, Hubert W. Smith

Vanderbilt Law Review

Trial lawyers are well aware that fully 50 to 60% of all civil litigation involves some claim of physical or psychic disability. Purely physical disabilities are extremely difficult to evaluate but when the allegedly disabling symptoms are of psychic origin, wholly or in part, legal tribunals require the most competent illumination the mental sciences can provide if error and imposition are to be minimized. The purpose of the present presentation is not to impugn the mental sciences but rather to ask whether any astringent principles exist for shrinking extravagant testimony. The intelligent counsel does not aspire to annihilate and atomize …

Workmen's Compensation, F. Hodge O'Neal

Mercer Law Review

The amount of litigation in Georgia on workmen's compensation is much greater than is commonly supposed. During the survey period thirtyfive cases were decided in the appellate courts of Georgia. As industry moves into this state, the number of compensation cases can be expected to increase. Several of the cases decided during the year were hard-fought and raised questions of first impression in this state. Lawyers will do well to acquaint themselves with developments in this rapidly-expanding field of law.

Workmen's Compensation--Third Party Tortfeasor--Compensation Payment As Bar To Action, T. N. C.

West Virginia Law Review

No abstract provided.

Compensated Employee's Right To Sue Physician For Aggravation

Indiana Law Journal

Recent Cases: Worker's Compensation